Police roadblock: 'Citizens have the right to question law enforcement'

A JOHANNESBURG High Court judge found that the arrest and detention of an attorney who questioned and recorded police holding a roadblock outside his home, was unlawful and awarded him R250 000 in damages. 

According to the recent judgment, Shaun Jacobs brought an application against the Minister of Police, the Ekurhuleni Metropolitan Municipality, and the arresting officers, Koahela George and Masshego Lerato. 

He instituted claims for unlawful detention, unlawful arrest and defamation. 

According to the court papers, Jacobs testified that he arrived at his home and found that a roadblock had been set up in front of his driveway on March 1 in 2019, at around 8pm.   

He said he was allowed to drive into his yard.

Jacobs said after he spoke to his wife about the “unreasonableness and disturbance” caused by the roadblock, he decided to approach the officers to find out if they would be keen to relocate it to a vacant land not far from his house. 

He said the officers ignored him. 

Jacobs testified that when he asked for their details, George became aggressive, pushed him with both his hands on his chest and told him to get into his house or he would be arrested

He said he went back to his house and fetched his cellphone.

Jacobs said his primary intention was to photograph or take a video of the roadblock so he could lay a complaint with the authorities about how it was set up in front of his house. 

He testified that he was not rude or aggressive towards the officers, but when they saw him recording a video of the scene and especially the vehicle, George pounced on him and arrested him without explaining his rights or what he was arrested for.

Jacobs said he was aggressively cuffed and as a result at some point he felt numbness in his fingers. 

He said when he requested George to loosen the cuffs, he ignored him. 

Jacobs said he was then driven to the Edenvale police station with his hands cuffed to his back.  

He said on the way to the police station, he heard George and Lerato talk about crimen injuria and he asked them exactly when did he insult them. 

Jacobs said he informed the officers that he knew what crimen injuria meant as he was an attorney. 

He said they still did not answer him but warned him that they would teach him a lesson.

According to the judgment, in a video shown in court, Jacobs was shown moving almost along and next to the palisade fence of his house with the cellphone camera facing or directed at the police vehicles. 

The video shows an officer standing between the police vehicles with his back to Jacobs. 

“But he did not show any concern about the presence of the plaintiff (Jacobs). The third respondent (George), as he also acknowledged that it was his voice that was heard on the video speaking in IsiZulu, saying that he is now going to arrest him, arrested the plaintiff. The plaintiff’s response in the video was that he is not fighting and the video was then switched off,” read the court papers.

During the defence’s case, George, who testified on behalf of himself, Lerato and the municipality, said they were directed by their superiors to set up a roadblock along Homestead Road in Kempton Park. 

He said as they were manning the roadblock, a white sedan vehicle approached, being driven by a White lady with a man as her passenger. 

George said they stopped the vehicle and administered the breathalyser on the driver. 

He said the vehicle smelled of alcohol and Jacobs indicated that it was his house. 

George said Jacobs addressed them in a calm tone, and they allowed the vehicle to enter the yard.

He said a few minutes later, Jacobs, who came out of the house, shouted at the officers who were manning the roadblock and said, ‘hey you, go f###ing away from here, this is my house, you are disrupting my peace’. 

George said there were about seven to eight officers manning the roadblock with three to four marked motor vehicles belonging to the municipality. 

He said Jacobs smelled of alcohol and was under the influence. 

George testified he did not respond to Jacobs' utterances, and that he then went to Lerato and repeated his former statements. However, Lerato did not respond to Jacobs. 

He said Jacobs swore at the officers and approached the motorists who were stopped at the roadblock, telling them that he was a lawyer and that these officers were corrupt and not arresting anyone but just wanted money. 

George said he reprimanded Jacobs and told him what he was doing was wrong, he must go back to his house otherwise he would arrest him for crimen injuria and interference with the work of the police officers on duty. 

He said he then removed Jacobs by guiding him with his hands into his gate, when he (Jacobs) said "ek praat nie met die k***** nie".

George said he felt bad by what was said by Jacobs but was prevented from arresting him at the time because his dog came out of the yard.

He said Jacobs thereafter returned to the road from inside his home, took out his cellphone and recorded a video.

George said he told the officers that he was taking Jacobs in, arrested him at that time and the video switched off.

He said that he read Jacobs his rights and informed him of the charges against him. 

According to the court papers, Judge ML Twala said there was no debate that Jacobs was arrested by a peace officer and without a warrant. 

He said the issue to be determined was whether the arrest was lawful or not, having regard to the circumstances of the case. 

Judge Twala said he was of the view that the arrest of Jacobs without a warrant was unjustified and unlawful. 

“There was no offence committed by the plaintiff (Jacobs) in the presence of the arresting officer nor did the plaintiff interfere with the police officers in the execution of their duties. I hold the view that citizens are entitled to ask questions and are entitled to explanations from the law enforcement officers in respect of their conduct and that cannot be regarded as interference with the execution of their lawful duties.”

Judge Twala said Jacobs was heard in the video at the time of the arrest saying, in a calm voice, that he will not fight the officers. 

“This is contrary to the testimony of the third defendant (George) that the plaintiff was aggressive towards the officers. Again, I accept the contentions of the plaintiff that he was never aggressive towards the officers. Had he been, the officer who appears on the video would have paid attention to the plaintiff, but he did not even turn around to look at the plaintiff who was approaching him from behind. The plaintiff would have been a very brave man to confront seven or eight officers in an aggressive manner.”

Judge Twala said Jacobs, however, failed to demonstrate that George and Lerato had the intention to injure his good name.

He ordered that the Minister of Police pay Jacobs a sum of R100 000 and the municipality pay him damages in the sum of R150 000. However, Jacobs' claims against George and Lerato were dismissed with costs.

THE POST