AfriForum’s Private Prosecution Unit has laid a complaint with Police Commissioner Lieutenant General Khehla Sithole, against police officers who they say unlawfully and irrationally confiscated alcohol worth thousands of rands at Hennie’s Restaurant in Moreleta Park last month.
The police arrested the restaurant manager for allegedly violating adjusted Lockdown Level 3 regulations and selling alcohol to patrons.
The restaurant has denied this saying that it only served non-alcoholic beverages. It also claims the police confiscated liquor in the storeroom to the value of R112 000, some of which has not been returned after being stored at the Garsfontein Police Station.
On 22 January, three police officers entered Hennies Restaurant, accusing the manager of serving alcohol to patrons. The restaurant says it assured the officers that this was not the case and offered them invoices that indicated they had not been serving alcoholic drinks.
It is alleged they continued with the raid and proceeded to the Garsfontein Police Station where they later arrested restaurant manager, Atryo Nolte.
Charges against Nolte were later withdrawn.
The National Prosecuting Authority dropped the charges against Nolte earlier in the week. Despite this, the police initially refused to return the liquor to the restaurant. #StopAbuseOfPower
— AfriForum (@afriforum) February 4, 2021
The unit’s advocate Gerrie Nel says the abuse of power by police seems to be getting out of hand as they have been dealing with similar complaints recently.
“There seems to be absolutely no consequence for inept conduct, malicious conduct and unfortunately, this leads to a loss of trust and confidence in the SAPS, which is really there to serve and protect. Mr. Nolte was arrested for having done absolutely nothing. The malicious conduct from SAPS has caused irreparable harm and trauma on him, his wife, and his colleagues.”
The restaurant also alleges that some of its stock has gone missing.
Restaurant owner, Werner Pretorius, says he has been struggling to get back some of his premium stock after charges were withdrawn. He says this has affected his business.
“We’ve got 40 staff that we look after and they, in turn, are responsible for more or less 110 family members. So, to be actually then robbed of the very thing that keeps your door open, it is a blatant misuse of power. I mean the moment police walk in your front door, the constitution and everything walk out of your back door. You have no right. It’s something that could have been avoided if we had five minutes to just properly explain ourselves.”
Nolte, who spent eight hours in police cells, says the incident has traumatised him.
“It has left a little bit of fear of the police in me. (If I’m) literally on my way to work, if I see a car, a police car, I would turn and take an alternative route. What do you do now if you see something illegal happening, who do you phone?”
