Tshwarelo Hunter Mogakane
Pretoria - Police Minister Bheki Cele has been cautioned against violating the constitutional rights of the residents of Orlando in Soweto, following his commitment to deploy the Tactical Response Team to go house-to-house in search of illegal firearms.
Cele said he would send the unit to the Orlando policing area in response to the brutal killing of 14 patrons who were shot with an AK-47 at Mdlalose Tavern in Nomzamo Park last weekend, and where more than 130 cartridge cases were collected from the scene.
The death count has since gone up to 16.
The unit, otherwise known as Amaberete, gained notoriety over 10 years ago when they went around assaulting tavern patrons and pouring alcohol on them.
Assault incidents were widely reported across the country, with some being captured on CCTV cameras at some taverns in Mpumalanga and Gauteng.
Residents grew terrified of the unit because its members would randomly instruct men to do push-ups in the streets or face a beating. Some off-duty police officers were often reported to flee their favourite liquor establishments upon receiving tip-offs that the unit members were on the way.
During his visit to Nomzamo Park, Cele said he would deploy the unit to help rid the community of illegal firearms.
“National commissioner and provincial commissioner, we must seal this area. No one must be able to exit or enter (the area). We must search for firearms door-to-door. Not door-to-door for a political campaign but door-to-door in search of firearms. I have heard that children play with guns here. The fact that people can come here with AK-47s and kill so many people means there are a lot of illegal firearms,” said Cele.
However, the minister suggested to national police commissioner General Fannie Masemola that doors should fall if the occupants of the homes do not open when they knock.
“We must have a 24-hour (search), door-to-door, mattress-to-mattress. You must knock when you get there, Masemola. You must knock when you get there. If you don’t open the door, it will fall on the sleeping person. No door will be left unopened. No mattress will be left without being lifted. Therefore, those with firearms must bring them,” said Cele.
Constitutional law expert at the University of Pretoria, Professor Bernard Bekink, welcomed efforts to fight crime within communities but cautioned against violating human rights.
“It is a common principle in our constitutional law and within the framework of our supreme Constitution that the Bill of Rights, and the right to privacy, for example, are subject to limitations. A proper investigation and evaluation of the circumstance of a certain matter under dispute must therefore be conducted.
“An uncontrolled, unauthorised unleashing of the police to conduct widespread raids in communities, going from house to house, is obviously of great concern and could create numerous legal/constitutional and political repercussions,” said Bekink.
The professor warned the police against “randomly entering and searching the homes of people without the necessary permission obtained to achieve a legitimate purpose.”
“Compliance with the SA Police Service Act (68 of 1995 as Amended) and the Criminal Procedure Act (CPA) must be adhered to. Under the CPA, the use of force that is reasonably necessary to enter or search premises, including the ‘breaking of doors’, is sometimes permitted. Again, the circumstance of each case will be important,” said Bekink. He, however, warned against directly translating Cele’s words, especially since he was speaking in Zulu.
The professor said when police break the law and are taken to court, the taxpayers foot the bill.
SAPS national spokesperson Colonel Athlenda Mathe failed to respond to questions she requested be emailed to her. Mathe confirmed receiving the questions. However, she could not provide responses 48 hours after they were sent to her.
Pretoria News