Police officers face being sued for wrongful arrest following typical heavy-handed actions at the N3 weighbridge near Heidelberg.
Read the police directive to stop unlawful detention here. The bottom line is if anyone sues the cops and wins, then the individual cop(s) is/are liable for the expenses -- NOT the State, (which is the taxpayer).
Read the police directive to stop unlawful detention here. The bottom line is if anyone sues the cops and wins, then the individual cop(s) is/are liable for the expenses -- NOT the State, (which is the taxpayer).
This after seven trucks carrying steel structures worth R7 million which were impounded recently have been released following an urgent application to the Pietermaritzburg high court.
Sharika Regchand reported for The Witness attorneys Reshen Pillay and Anand Pillay brought the application this week after other attempts to get back the vehicles failed.
Reshen said that as soon as the transporters became aware that the incorrect permits were issued, they rectified the situation and applied for new permits.
“The Department of Transport permit office refused to issue the permits despite the new applications… in addition, the drivers of the vehicles were unlawfully arrested and detained but have been released on bail. The parties are intent on proceeding against the state for such unlawful arrest,” he said.
The application had been brought by Gad’s Transport, Inkokheli Trading and Vanito Zimbabwe.
Antonio Wadee of Gad’s Transport said that at the end of November, the owners of a shipping company, Kuehne and Nagel contacted him to transport seven loads of steel structures to the Durban Habour for shipment to the United States of America.
Since his company only had three vehicles at its disposal, it sub-contracted the other four vehicles from the other two transporting company.
Wadee said that the shipping company informed him of the dimensions of the goods and permits were applied for.
These permits were issued in accordance with the dimensions given. En-route to Durban the seven vehicles were diverted from the N3 highway to the weighbridge in Mkondeni where it was discovered that the dimensions of the goods did not correspond with the permits which were obtained.
As a result of this discrepancy the permits which had been obtained for the transport of the goods were rendered invalid.
The traffic officers impounded the vehicles and goods and detained them at the weighbridge premises.
On December 5, an amended application for abnormal vehicle permits was made which was rejected. Wadee added they were told the permits could only be issued after January 6 and that the Road Traffic Inspectorate did not have vehicles and manpower to escort the vehicles to Camperdown.
Wadee added that six of the drivers were arrested even though they do not require work permits in SA as they are employed as cross border drivers. They were wrongly charged for not having a valid work permit and were released.
“Should the delay with respect to shipping such goods continue, the damages would be astronomical,” he said.