- Criminal charges against a Centurion father who was arrested for breaking the lockdown curfew by buying baby formula have been withdrawn.
- Naas le Roux was expected to appear in court on Monday, to face charges of contravening the regulations.
- Afriforum's Gerrie Nel said police discarded Le Roux’s receipt of purchase and didn’t attach it to their docket.
Criminal charges against a Centurion father who was arrested for breaking the lockdown curfew by buying baby formula have been withdrawn.
Afriforum which is representing Naas Le Roux, announced on Monday they will be suing the police for unlawful arrest and violation of Le Roux’s rights.
Le Roux was expected to appear in court on Monday, to face charges of contravening the amended Level 3 Lockdown regulations.
AfriForum’s CEO Kallie Kriel welcomed the NPA’s decision not to prosecute Le Roux.
"… it increasingly seems that certain law enforcers are abusing the lockdown regulations to bully ordinary, law abiding citizens rather than to focus on fighting serious crime. This was clearly an emergency and the SAPS officers' lack of insight and empathy to enforce the regulations in a rational manner is truly shocking.
"We cannot allow the SAPS to treat law abiding citizens like criminals. We will therefore remain involved in this case to ensure that active action is taken against the relevant police officers," Kriel said.
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Le Roux was arrested in Centurion on 7 January, around 01:00, on his way home from a pharmacy where he had purchased baby formula for his two-day-old baby.
Upon his return, Le Roux was stopped by police constables about 250 metres away from his home.
The officers apparently did not have any visible form of identification or badges.
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It is alleged that the officers refused to listen to why he broke the curfew, despite him showing the formula milk and receipt of purchase.
His wife, Natasha was forced to walk to the police van, carrying the baby.
She was then ordered to drive back home with her newborn baby on her lap.
Head of AfriForum’s Private Prosecution Unit Gerrie Nel said Natasha was told to later come to the police station where Le Roux had been detained.
"The officers told Natasha that she could follow them to the police station to pay Le Roux’s bail. Natasha arrived at the police station after feeding the baby at home. A warrant officer then warned her to leave and go home immediately, otherwise she would also be arrested.
"She went home and obtained legal assistance from Lily Rautenbach, who managed to get Le Roux released from custody the next morning. The purpose of the regulations is not as Police Minister Bheki Cele, who proudly announced to burden 7 000 people with criminal records because they are not wearing masks – but to lighten the burden on hospitals by stopping the spread of the virus," said Nel.
Nel said Le Roux’s slip of purchase was discarded by the officers and not attached to the docket as required.
In a snippet of the video recorded by Le Roux, he is seen pleading with the officers, when one of them tells Natasha that her husband will not, "... sleep at home".
"He has attitude because he is white. I will show you that I am black. Call the station commander, you are wasting my time. I will show you (that) I am unreasonable [sic]," said the officer.
The full video will be used as evidence in a civil matter against the officers and their management.
Police had reportedly launched an urgent internal investigation into the matter.
Police spokesperson Brigadier Mathapelo Peters earlier said Gauteng provincial commissioner Lieutenant-General Elias Mawela has noted with concern allegations contained in a social media post alleging that Wierdabrug police let a woman and a baby walk to and from the police station at night.
"The SAPS views this as very serious matter, and it is for this reason that Mawela has ordered an urgent internal investigation into this matter," said Peters.
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