A Durban businessman has been forced to close his liquor shop and pursue legal action against the Verulam police for confiscating his alcohol for no apparent reason.
Obola Abayineh Asirat, a foreign national, has now turned to the courts to have his stock of whiskey, vodka, gin, wine, ciders and beers valued at R150 000 and R29 000 taken from his cash register by the police returned to him.
More than a month later and with no charges against him, Asirat is pleading for his stock to be returned.
Asirat said his troubles began on January 16 when three officers from the Verulam SAPS entered his shop, Zamani Liquor Store, in Verulam.
“They pulled off the liquor licence that was displayed on the wall at the front of my liquor store and when I asked about the reason, there was no response, and they left the store. The following day, about 10 police officers from the Verulam Police Station entered my store and declared that they were doing a raid and due to the liquor licence not being displayed, all my alcohol from my store was removed,” said Asirat.
He said he had approached a police officer who was at the raid to have the alcohol returned, but was told that he would need to pay her R3000. Asirat said he then went to the investigating officer for help but was told that he needed to pay him R1500.
Asirat said he was disappointed with the police and desperate for his alcohol and cash to be returned.
“Their actions have cost me my business. I have been forced to close the shop because I don’t have stock and cannot trade. The landlord has told me to leave because I am unable to pay the rent. I had to let go of my staff. I am now unemployed due to my inability to access the stock and goods needed to run my business and to derive an income for myself and my staff. I am currently not earning an income as a result of the police’ actions,” said Asirat.
He said this ordeal has affected his marriage and caused him additional stress as he is a father to three young children that are under the age of 5.
Asirat’s lawyer Kelly Jade Reddy has since met with the Verulam SAPS Station Commander and the investigating officer requesting that the alcohol and cash be returned as there was no lawful justification for holding on to his stock and cash.
Reddy said she was surprised to find that the inventory of Asirat’s alcohol was missing from the case file at the police station, but fortunately he had taken a photo of the list on the day of the raid.
“I have met with the Senior Public Prosecutor of the Verulam Magistrate's Court who has confirmed that there are no pending charges against Mr Asirat, so there is no justification for the police to hold on to his stock and cash. Should this not be returned, we will be pursuing charges of theft against the police,” said Reddy.
She has sent a letter to the Station Commander and copied the Independent Police Investigative Directorate (IPID) and the KZN Commissioner of Police, but has not received a response.
Reddy said she will be filing an application for spoliation with an interim interdict on Monday at the Verulam Regional Court to have the alcohol returned.
“My client has a prima facie right to the use of the goods and this right flows from the legal business that he was operating with a valid liquor licence which was presented to the Verulam police officers,” said Reddy.
When contacted for comment, KZN provincial police spokesperson Colonel Robert Netshiunda confirmed that Asirat was not facing any charges.
Netshiunda said the seized alcohol has been kept at SAPS storage facilities for safekeeping and will only be returned to Asirat once the investigations have been completed.
“The liquor might still be disposed of in accordance with the law if investigations prove that the liquor was being sold illegally. Police are not aware of any R29 000,” he said.
Netshiunda said police do not have any records of a case opened against police officers and challenged Asirat to open a case so that IPID can investigate.
He said before seeking an audience with the Provincial Commissioner, Asirat must contact the District Commissioner of eThekwini who will attend to his complaints.
“However, the Provincial Commissioner has an open door policy and if his letter was received by the office of the Provincial Commissioner, his meeting with the Provincial Commissioner is likely to happen, depending on the availability of the ever-busy Provincial Commissioner,” said Netshiunda.
Phaladi Shuping, Deputy Director of Communications and Marketing at IPID, said they were not investigating any complaint related to the matter.
“IPID was merely copied in the letter, which was directed to the station commander. IPID cannot intervene in this as it is a matter between SAPS and the lawyers to address,” said Shuping.
SUNDAY TRIBUNE