Lockdown enforcers accused of assaulting, robbing Eastern Cape tavern owner

An Eastern Cape businessman was allegedly assaulted by soldiers at his James Calata (formerly Jamestown) township liquor business on Saturday before they confiscated  liquor and cigarettes worth an estimated R300,000.

Habtamu Tsegaye Teklehaimanot, who runs the popular Ziyawa tavern in Masakhane township, said he was sleeping when a team of more than 10 police officers and SANDF members entered the premises, where he also lives with his family.

CCTV footage shows three soldiers talking to Tsegaye before one of them slaps him in the face. Another soldier then prods him in the chest, while the third pushes him from behind. The footage shows that Tsegaye does not retaliate.

Two other videos show police and soldiers loading the liquor and cigarettes into police vehicles.

SANDF members have come under increasing scrutiny for abusing SA's citizens as the lockdown continues.

On Thursday, defence minister Nosiviwe Mapisa-Nqakula said the government regretted an incident in Alexandra over the weekend where resident Collin Khosa was killed by soldiers.

Mapisa-Nqakula said the defence force would not defend what happened. “We hang our heads in shame that we have lost a person in some of the communities and we will not at any point defend what happened,” she said.

Tsegaye told DispatchLIVE the soldiers noticed the cameras were rolling in the shop. He said these were then broken by the soldiers but the footage had already been recorded.

Tsegaye said there were other soldiers and police in the front room of the tavern who ransacked his business. He insisted he had done nothing wrong.

“They came in while I was asleep and demanded all the liquor, accusing me of selling liquor during the lockdown. They were plenty of police vans and soldiers who took my liquor ... there were no papers to say I've done wrong and I was not even arrested. I was not selling liquor and cigarettes at the time,” said Tsegaye.

“We are supposed to be protected by them but they did this to me. I've got papers to be in this country and the business is legal. You can ask anyone in this township, my tavern has been closed since the start of the lockdown,” he said.

He said he was called derogatory and xenophobic names during the assault.

“They broke the cameras ... I've lost expensive liquor that I was selling. I cannot believe this.”

He said the liquor was loaded on police vans and taken to the local police station. But when he went there to lay a complaint, he was instead fined R10,000 for selling liquor under lockdown regulations.

“My lawyers will assist me in this fight because if I fight these officers by myself I am not going to win.”

Tsegaye leases his premises from businessman Tsepiso Nodwele.

Nodwele told DispatchLIVE there was no business being done at the time.

“These are my premises and there was no way that this person was selling liquor and cigarettes. I can say this to any person or court. This is a lie that he was selling. We have advised him to open a case and to take the legal route,” said Nodwele.

Tsegaye approached his lawyer, Mtutuzeli Zepe of Zepe & Co, who confirmed they were representing him.

Eastern Cape provincial police spokesperson Khaya Tonjeni requested to be sent the video footage and said he would come back to DispatchLIVE. This had not happened by print deadline on Thursday.

SANDF spokesperson Captain Thabo Sello said he forwarded the video to the “relevant people”. At the time of writing no further response had been received.

Speaking to DispatchLIVE on condition of anonymity for fear of reprisals, one of Tsegaye's neighbours said: “It was clear from the word go that during this lockdown the law enforcement people must not assault people, let alone steal. Taking a person's liquor like this without any authority is robbery. This person has not violated any regulations.

“Tsegaye didn’t sign anything. Why would you fine someone without them signing any documents? Clearly people are abusing their positions and oppressing those they deem inferior. There was no search warrant, they didn’t count the stock they were ‘confiscating’, they assaulted him and they broke the cameras.

"This is very suspicious, because it clearly shows they think they are destroying evidence.”

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