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2009 11 26 - Court sends man who occupies business in Ermelo to jail for contempt
Percy Masinga, who is currently occupying the diesel distribution business of a member of AfriForum – Hendrik Celliers – in Ermelo for the second time, has today been sentenced to an additional 120 days in the North Gauteng Supreme Court in Pretoria for holding the court in contempt. Masinga has to serve another 30 days in detention for a sentence for contempt dating back to October 2008, for which he has never been arrested by the SAPS.
In his sentence, Judge Roelof du Plessis once again expressed his frustration about the fact that many court orders are not executed by the authorities and that the responsibility for the execution is being passed on to others time and again. Du Plessis therefore ordered the station commanders of the respective police stations in Ermelo and Midrand, Senior Superintendents Nyati and Moodley, by name to ensure that Masinga is arrested. Masinga’s appeal against yesterday’s court ruling against him, has also been rejected with costs.
Kallie Kriel, CEO of AfriForum – that supported Celliers in the case – welcomed the firm action of the court against Masinga as a veritable effort to protect the supremacy of the law. “It is a disgrace that Masinga has been allowed to act as if he is superior to the law and that Celliers has had to get 15 court orders before the SAPS agreed to protect his property and to arrest Masinga”, Kriel added.
The drama started when Celliers’ diesel business was occupied on 26 February 2008 by Masinga and six other men. Masinga, a shareholder in the company from whom Celliers is renting the property, sold R180 000 of Celliers’ diesel during the occupation for his own gain, before the occupation came to an end. Celliers obtained a court order prohibiting Masinga from interfering in the activities of the diesel business. He also laid a charge of theft against Masinga.
Masinga and his cronies disregarded the court order by obstructing access to the business. The SAPS did not take any action against them. Yet another court order was obtained by Celliers, which was once again ignored by Masinga, with the SAPS still taking no action. After a further court case, Masinga was sentenced on 27 October 2008 to 30 days’ incarceration for holding the court in contempt. Despite this, the SAPS to date has still not arrested Masinga and has not processed the charges of theft against him either.
According to Celliers, Masinga indicated that he “has many contacts in high places” and that he “is above the law”.
Celliers’ diesel business was once again occupied on 25 September of this year by Masinga, without the SAPS lifting a finger to prevent this.
Topics: Media Statements |
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