Loading ...2009 11 25 – AfriForum member from Ermelo wins court case about police’s reluctance to enforce court orders
The North Gauteng High Court in Pretoria today granted an urgent court order to a member of AfriForum in Ermelo, Hendrik Celliers, which forces the South African Police Service (SAPS) in Ermelo to enforce court orders to protect Celliers’ diesel distribution business and personnel. It is the 15th court order in Celliers’ favour, but the SAPS has now for the first time undertaken before the court to carry out the court orders.
In terms of the court order, Percy Masinga and his accomplices, who are currently again illegally occupying Celliers’ business, must be removed from the premises and his personnel must be protected against further interference by Masinga. Masinga must also be arrested to serve 30 days in custody. He received this sentence already in October 2008 due to contempt of court, but he was never arrested by the SAPS.
According to Kallie Kriel, executive director of AfriForum – who supported Celliers in the matter– the court ruling is not only a victory for Celliers, but also for the rule of the law. “It is a disgrace that the SAPS had to be taken to court simply to do their job and protect citizens’ rights,” Kriel added.
Judge Roelof du Plessis warned in his ruling today that South Africa is standing on the verge of a constitutional crisis because there are several people in the country like Masinga who – thanks to contacts in high places – succeed in acting like people who are above the law. According to Kriel, AfriForum will, in light of Judge Du Plessis’ warning, increasingly focus on protecting the rule of the law by making those who disregard the law account for their actions in court. “This will pose huge demands in terms of legal costs, but AfriForum will definitely do it in order to help ensure an orderly society,” Kriel said.
The drama started when Celliers’ diesel business was occupied by Masinga and six other men on 26 February 2008. During the occupation, Masinga, a shareholder of the company from which Celliers’ is legally renting the premises, sold R180 000’s worth of Celliers’ diesel for his own gain before the occupation ended. Celliers obtained a court order to prevent Masing from interfering in the activities of the diesel business and laid a charge of theft against Masinga.
Masinga and his accomplices disregarded the court order by obstructing entry to the business. The SAPS neglected to take action against them. Another court order was obtained, which was again ignored by Masinga, while the SAPS still failed to act. Following a further court case, Masinga was sentenced, on 27 October 2008, to 30 days in custody on charges of contempt of court. Despite this, the SAPS had still not arrested Masinga and also did not handle the theft case against him.
According to Celliers, Masinga has indicated that he “has many contact in high places” and that he “is above the law”.
Celliers’ diesel business was again occupied by Masinga on 25 September this year, without the SAPS lifting a finger to prevent it.
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