17 July 2007
The Public Protector has recommended that the police compensate a man whose
alcohol they destroyed after it was confiscated on suspicion that he planned to
sell it without a licence.
The man was planning a 21st birthday party when police seized his alcohol
for further investigation. When the investigation found that it was indeed for
a 21st birthday party, the state declined to prosecute and wrote on the docket
that the alcohol should be returned to the suspect.
However, a police director DC Pistorius gave a written order that the liquor
not be returned but destroyed instead. The liquor was destroyed as per the
instruction.
The man approached the Public Protector who launched an investigation and
found that while the seizure of the alcohol was justified, the destruction of
the alcohol was flawed. The alcohol should have been returned to the suspect as
per the instruction of the prosecutor and proper procedures for destruction
were not followed.
The Public Protector said the appropriate claims section within the police
should compensate the lawful owner for the loss as a result of the wrongful
failure to return the liquor in question. The provincial director of police
should investigate the decision of Director Pistorius to retain and destroy the
liquor to establish whether or not it was regular.
The Public Protector's office is established in terms of the Constitution of
South Africa. It strengthens our young constitutional democracy through, among
others, investigating maladministration, delays in service delivery, and
allegations of impropriety or prejudice by public administration in any sphere
of government.
It is an office of last resort, meaning that all other avenues to address a
complaint must be exhausted before the Public Protector is approached. It does
not investigate court decisions and its services are free.
For more information contact:
Charles Phahlane
Tel: 012 366 7006
E-mail: 082 856 8188
Issued by: Office of the Public Protector
17 July 2007
Source: SAPA
