News24

SAHRC: Zuma VIP unit violated man's rights

2011-07-07 13:45

Cape Town - The SA Human Rights Commission (SAHRC) has found that members of the Presidential Special Protection Unit violated the rights of Chumani Maxwele of Cape Town.

The commission also recommended Police Minister Nathi Mthethwa personally apologise to Maxwele and take steps to ensure the SA Police Service acts in terms of the Constitution and the law.

The commission's finding follows a complaint lodged by the FW de Klerk Foundation's Centre for Constitutional Rights which was represented by its director, advocate Nicola de Havilland, on behalf of Maxwele.

On February 10, 2010, members of the unit arrested and detained Maxwele for allegedly gesturing with his middle finger at a convoy of police vehicles reportedly transporting President Jacob Zuma.

During this incident Maxwele is also alleged to have resisted arrest.

Subsequent to this, the foundation lodged a complaint with the commission alleging that members of the unit violated Maxwele's human rights as enshrined in the Constitution.

In a statement on Thursday, the commission said after conducting an investigation into the matter it found that Maxwele's rights had indeed been violated.

These were his rights to human dignity (Section 10), freedom and security of the person (Section 12), privacy (Section 14), freedom of expression and peaceful/unarmed demonstration (Sections 16 & 17), political choice (Section 19), and the rights of detained persons (Section 35).

"The Minister of Police, who is a respondent in this matter, has acted in an unreasonable and unacceptable manner by initially failing to co-operate with it and respond timeously and substantively, to its request for information.

"As a result, the commission proceeded to issue this report without substantive input from the Minister," it said.

The commission also found that the Minister should be held vicariously liable for the acts of members and employees of SAPS who were found to have been acting within the course and scope of employment.

"The commission therefore recommends that the Minister, on behalf of all the members/employees who are involved in this incident, should make a full written apology to Mr Maxwele for their unlawful and unconstitutional behaviour.

"This apology should be submitted to the commission within 30 days of the Minister's receipt of the commission's report."

Furthermore, the Minister should also provide a report to the commission within three months of the date of his receipt of the report indicating his plan, with specific timeframes, towards implementing the recommended remedies.

These were that the Minister and members of the Presidential Special Protection Unit acknowledge within three months that they accepted the supremacy of the Constitution and the rule of law in accordance with Section 1(c), as well as the duty of the state in terms of section 7(2) to respect, protect, promote and fulfil the rights in the Bill of Rights.

In addition, the commission also recommended that the Minister should indicate the steps he would take in terms of Section 199(5) of the Constitution to ensure that SAPS acted, taught, and required its members and specifically members of the unit who were found to have been involved in this matter, acted in accordance with the Constitution and the law.

Comments
  • Sloragoth - 2011-07-07 13:52

    You go Chumani!

      MandlaSithole - 2011-07-07 14:02

      If they could only respond that quickly when a crime is actually committed, this country would be the safest. http://www.facebook.com/?ref=home#!/pages/Moeletsi-The-President/205134709529957

      paulf - 2011-07-07 14:06

      It's nice to know you can give Zuma a Zap sign :-)

      Risen Ape - 2011-07-07 14:09

      We need a new police force. The current one is broken.

      MrSpiderman - 2011-07-07 14:11

      Mmmm, just apologise and all is ok! Till next time.... Hahahaha! Even malemmer can do better (when the US First Lady is here!) Chumani Maxwele, slap them with a R2m lawsuit and those who arrested you (VIP guards or not) with employment termination! Lastely, get on paper chum, even if it is worthless! May assist with future employment!

      USSA - 2011-07-07 14:13

      "Give that man a bells!!! Keep giving shower scalp the finger!!!!"

      lean - 2011-07-07 14:13

      Seems like Zuma is going down ....

      Aish - 2011-07-07 14:15

      Shame all the guy tried to do is show Zuma how much he loved him hahahaha

      Andrew - 2011-07-07 15:08

      I would do the same if they were to drive pass me!!

      KakSak - 2011-07-07 17:48

      My toes are curling from pleasure after reading this...kry vir jou!!!

      Grazy - 2011-07-07 22:07

      @Risen Ape Naw, will not help, the ANC will break that one too.

      Meanleader - 2011-07-08 11:28

      Yawn ...Yet another bumbling idiot of a Minister .....

  • DAB - 2011-07-07 13:53

    Lets see if they apologise. They "are above the law".

      Pencilgraffiti - 2011-07-07 14:14

      Well i'm wondering if Zuma himself will apologise.. Surely he should. This is not the first time they have acted like this and it wasn't the last since they attacked a man later on who spilled a drop of whiskey close to the President. I believe he personally should apologise to Maxwele and then to the whole country for his protection's behaviour.

      Meanleader - 2011-07-08 11:37

      What the chances that hubcap head will appologise .....? He has got another guy arrested for spilling a dring near him !!!! not even on him , just near him ... Can'T get over these jungle tactics ....such basic intellect from our President !!!

  • Civil_Rights - 2011-07-07 13:57

    These SAPS dogs need to be kept on a tight leash. The owner of these dogs should train them to be more obedient, domesticated and to stop barking up the wrong tree and biting individuals at random. This is why there is an increase in police killings. Individuals are tied of being violated and won't hesitate to put some of these dogs down.

  • Verbatim - 2011-07-07 13:57

    But for the love of mike dont pull over that fat beatch in a speeding car - you will lose your job and you will have to apologise to the cops and the people who broke the law in the 1st place. BANANA REPUBLIC.

  • John - 2011-07-07 13:58

    Banana Republic 0 - 1 S.A. Citizen

      kalabafazi - 2011-07-08 10:55

      More like Banana Republic 2 150 315 - 1 S.A. Citizen

  • zaatheist - 2011-07-07 14:00

    Sue the pants off the bastards - but sue them personally so I do not have to pay.

      Robbie - 2011-07-07 16:05

      Unfortunately we taxpayers will be bearing that cost in most cases.

      Left Screwed - 2011-07-07 22:49

      He has and won.

  • Balstrome - 2011-07-07 14:03

    Lets give them a break to comply and if they fail, follow up with the full force of the law of the land.

      Mad Dog - 2011-07-07 16:48

      And the vote DA! Just to give the anc a BIG FRIGHT!

  • Grayman - 2011-07-07 14:04

    Whoooo Hoooo I LOVE IT!!!!!!! What is more the commission found that the MINISTER should be held liable for the behaviour and actions of the staff working for him. At long last!

      Mad Dog - 2011-07-07 16:49

      He is the Police Boss, he is responsible for the police actions! Zuma! Get rid of this substandard lout!

  • ir8m8 - 2011-07-07 14:07

    For the amount of time and money that was expended over the 16months on this issue, i want to see if the minister and his cronies will respect the ruling...my gut says that they will just ignore, whose up for a wager.!

  • Tolerant - 2011-07-07 14:09

    Nice 1 FW!

  • rupert_bear - 2011-07-07 14:10

    SAHRC - thanks for the sensible perspective, lest we forget that minister means "servant", and that everybody is subject to our constitution.

  • TylerDurton - 2011-07-07 14:13

    Citizens should feel protected by the police and should never have to fear police. Police are beating and intimidating innocent people. This has to stop. Even when police beat criminals they are giving away their moral high ground and loosing the respect of the people. Police have to investigate and if a suspect appears to be found guilty, they have to arrest and detain. Nothing more, nothing less. If this doesn't stop NOW, it will get out of control and we'll be looking at a Zimbabwe style situation. No one wants a police-state.

      mike881 - 2011-07-07 14:32

      Please note that those involved in this incident are not your regular SAPS who are there to uphold the law. Rather these are the VIP thugs/bullies in particular the presidential special protection unit who consider themselves above the law and the constitution, much like mugabwes thugs.

  • amabok - 2011-07-07 14:18

    Written apology ...lol ...not a chance. Thugs the lot of them.

  • Badger - 2011-07-07 14:18

    Ha Ha Ha Ha Ha Ha. "Do You Know What This Means????" The next time I see the blue PoopHol Parade, I am going to DOUBLE FLIP those MF's, and I don't care who is sitting in the back picking their nose and sucking chicken bones ;-> !!!!!!!!!!!!!

      ruffled - 2011-07-07 15:03

      yeah yeah !!!! my sentiments exactly !! :)))))

      jen - 2011-07-07 21:47

      Still laughing at your comment Badget. I'll be doing the same.

      Meanleader - 2011-07-08 11:44

      @Badger ..this is the comment of the day boet !!! Treat yourself to a Bells Bru !!!

  • jock - 2011-07-07 14:21

    they learnt this tactic from Bob Magabe

  • Chris - 2011-07-07 14:21

    Nobody must hold their breath waiting for the Minister to obey.

      elbie - 2011-07-08 06:07

      Probably extended court proceedings coming, to prove that they do not need to apologise. Couple of years, millions of Rands, then just fold and apologise anyway. We pay.

      johncarlos.biza - 2011-07-08 07:12

      Maybe Malema should

  • Slapper - 2011-07-07 14:24

    I believe that Zuma and his ANC government violates the rights of every White person in South Africa on a daily basis, so its no surprise that they are found guilty of the charge in respect of a Black person.

      ntsiki.mdeni - 2011-07-07 14:32

      Do they violate rights of only white people?

      Annman - 2011-07-07 14:32

      That's really not the point. You're turning a constitutional victory into a racial debate. Not on, not on at all!

      soba le boya - 2011-07-07 14:45

      all whites has rights like everyone else,except you Slapper...

      willieman - 2011-07-07 15:07

      cheap shot try next door

      TylerDurton - 2011-07-07 15:27

      Slapper, you are sooo missing the point.

      OuBoerseun - 2011-07-07 18:19

      To @ntsiki.mdeni. Hey mamparra, did you read the story and pick up the name of the person who they violated. There are many citizens of our country whose rights are violated daily by these thugs when the "POO LIGHT" brigade come barrelling down the highways and byeways, it doesn't just mean one selected section of our nations people. I regularly give the "POO LIGHT" brigade the 3rd digit salute when they force their way past me.

      johncarlos.biza - 2011-07-08 07:14

      @OuBoerseun you are the mampara. Ntsiki asked a rhetorical question. Google the term if you don't know its meaning

      Meanleader - 2011-07-08 11:51

      @Slapper ...looks like you attracted all the Politically terrified and the wonders of intellect ....just with one observation ...... You've got leadership skills boet !!!

  • Stephan Janse van Vuuren - 2011-07-07 14:25

    A hefty fine should be paid to the victim for every right infringed.

  • crackerr - 2011-07-07 14:29

    Great stuff! Now let's ponder a bit. The Human Rights Commission should be able to assist also as follows. With the strikes and accompanying violence going on it surely makes sense to say that the human rights of many are being trampled on. The Minister of Labour and the Indusrial Registrar should explain and apologise that the trade unions involved in the strikes have not been called to order and threatened with deregistration. The bosses of the trade unions should be held accountable as well for not only not controlling their members but lying and evading responsibility. Their deceit and lies violated the human rights of all decent minded South Africans, not only the ones directly affected and injured in the public violence.

      erazor - 2011-07-07 15:47

      So follow the FW de Klerk Foundations's lead, losge a complaint with the HRC yourself, don't just sit here saying someone, ie, someone else, must do it!!!

  • GTZ - 2011-07-07 14:33

    It embrarassing when citiziens are to dis-credit their president particulary in the country like SA in the post regime system period. The question is why? SA is deemed to be a democratic leberation society which by now should place it focus on socio economic transformation for it citiziens. Social justic seems to be achieved but economic opportunities plammeting to curtain class of people.

      Robbie - 2011-07-07 15:35

      The president is NOT a GOD... he is a SERVANT of the Citizens! The sooner Zuma realizes this the better...

      scott - 2011-07-07 16:00

      @GTZ, the president discredits himself.theres yr answer

      Curveball - 2011-07-07 16:13

      @ TGZ (I'm sure that is your real name you dyslexic plonker) "It embarrassing when citiziens are to dis-credit their president "sorry for you, but our esteemed president does has not enough credit to be dis-credited - he is way in overdraft!!

      Phlegm - 2011-07-07 18:00

      The problem is every little MP has a VIP convey nowadays and they all hide behind tinted windows so you never know who is actually in the motorcade. How do you know when some idiot in a black car with blue flashing lights forces you off the road that it is the president? Even that bloated umfaan Malema had a VIP motorcade at one stage, him I would show the finger anytime!

      Meanleader - 2011-07-08 11:55

      Yawn ....eehrm ...burp ...It is more embarressing to have a moron for a president .... Incipid garble son ...care to say that again in English ... Beer anyone ?

  • soba le boya - 2011-07-07 14:33

    long live chumani long live!viva chumani viva!

  • annie.kalahari - 2011-07-07 14:37

    Why isnt the De Klerk foundation also lodging a complaint about Daryl Peense - Zuma's Dopmorser - who seems to have no constitutional right to a timely trial at all: after a year of costly, stressful postponements the magistrate 'wasn't available' this week. Peense now hears on 27 July WHEN he might be 'judged'. Why is the De Klerk foundation so selective when it comes to the skin colour of people whose constitutional rights they try and defend? http://www.facebook.com/pages/Daryl-Dop-Morser-Peense/215298358510741?sk=info

  • L SMT - 2011-07-07 15:07

    What's the big deal I give old shower head a middle finger everytime his face appears on TV.

  • Peter - 2011-07-07 15:25

    OMG showing the finger is a crime. What next. If he can't take it then he shouldn't be president. Being president does not give you the right or the people who work for you to be playground bullies. Glad the SAHRC saw fit to chastise the protection unit for going beyond their mandate. Protection does not mean that they keep all non polite things away from the preseident, it means ensure that his life or health is not harmed.

  • Deeteem - 2011-07-07 15:40

    Chumani, sue them for millions !! People, you too can give that shower man a finger by typing his name without a capital z !!

  • MIM128 - 2011-07-07 15:51

    This stupid culture of self-importance has now cuscaded down to mayors of some rural villages where bodyguards means important. Who would want to threaten a stupid mayor who doesnt know what IDP or budget means? Why cant these resources be redirected to police stations and safety of ordinary people?

  • Hangmann - 2011-07-07 16:00

    Got to love it, IF Chumani commited a (one) crime flipping the finger, the "special" brigade cops then commit 7 in the process of arresting him. A lot of cops do their best only to get grouped with these bafoons.

  • SinghH - 2011-07-07 16:06

    Never gonna happen

  • LuCypher - 2011-07-07 16:11

    I think the requirements of the Commission are far too complex for the Minister or Generalissimo Cele to understand. Neither appears to have the mental capacity to grasp such abstract requirements. They will both need to appoint a committee of qualified intellectuals to help explain it all in simple, one syllable words before they will even begin to understand what it means.

  • 50something - 2011-07-07 16:19

    Frieking time that they realise Zuma and the SAPD is not God. Good for them (Maxwele. How about a reconciliation dinner where the minister personally apologises - oh sorry it is the ANC and not the Reitz four. sorry, my mistake, I apologise

  • Mad Dog - 2011-07-07 16:24

    Chumani for Vice President! Viva Chumani!

  • Leon Groenewald - 2011-07-07 16:24

    In 1991 I once heard of a person who was arrested because they folded a note with an african (no I refuse to type the a in upper case) leader's name on it. The story turned out to be true and the BBC reporter in question can still thank the SADF (not SANDF) for his life. Keep on voting ANC and who would protect?

  • The Wonderer - 2011-07-07 16:43

    Hey ZUMA!!!! UP YOURS!!!!! Bastard!! From your tax paying "bloody Agent" :)

  • Lou_is - 2011-07-07 17:27

    This Police Force is to Zuma what the Zim Army is to Mugabe.

  • Liberty - 2011-07-07 19:13

    Does that mean I can use Zuma's toilet without the police beating the out of me?

  • Politbiero - 2011-07-07 20:10

    My understanding is that this guy was hitching a ride and only indicated that he would be willing to sit in the middle, hence the use of that particular finger.

  • StBad - 2011-07-07 21:49

    `Shoot now, ask question later' mentality... sounds good at first but not when you're innocent and have a bullet up your arse!

  • Clive - 2011-07-07 22:06

    Does anyone really think that Zuma and his goons will care a damn about this? The SAHRC has a spotty record anyway.

  • MarcusMagnus - 2011-07-08 02:38

    Well done Hears the middle finger

  • Shaun42 - 2011-07-08 06:59

    Like this is going to make any difference. All they will do is ignore this, just like everything else.

  • Hugh - 2011-07-08 08:08

    Well done De klerk Foundation. For the named capitulated way to easy resulting in what we have today. At least his foundation has done some good for us all. Now we can stand on the side of the road Bare bums in the air farting at the president as he drives by and call it freedom of speach and protest. Nice to know.

  • Utopian - 2011-07-08 08:14

    Three cheers for FW de Klerk Foundation's Centre for Constitutional Rights !!!

  • zulufox - 2011-07-08 08:54

    They should not have arrested him. They should have taken care of him there and there. Problem solved.

  • Christopher - 2011-07-08 09:49

    And why can't we flash our politicians a zap sign every now and then? It might keep them honest - even you Mr Zuma...

  • LikeMike - 2011-07-08 10:12

    Am a proudly American citizen who's been in SA for 8 months and am always shocked to see that nationalism doest exist in SA. Why do u disrespect your president so much, this is insane was watching how your own media used to portray SA as a violent country just before the world cup. People love your country in the US we would never disrespect ourselves like this, ohhhhh

  • Robschele - 2011-07-08 13:14

    One important Question: May you show the middle finger to a politician only? Because you can say you are expressing your political choice. If you do it to anybody else it might be that you are insulting him. Is it then safe to say that it is not possible to insult a politician because they are too thickskinned.

  • huts25 - 2011-07-08 16:22

    What does it say about the state of this country when the 'FW De Klerk Foundation's center for constitutional rights' is the one stepping up to protect an individuals rights against the (obvious) violation by the President and his entourage? An apology is literally the bare minimum that can be ordered in terms of compensation and I doubt that he will even get that from Zuma, i.e. someone who has zero respect for the Constitution and the law.

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