News24

VIP unit violated jogger's rights - SAHRC

2011-11-30 10:49

Cape Town - The SA Human Rights Commission has upheld its decision that a jogger's rights had been violated by the presidential special protection unit when it arrested him for gesturing at President Jacob Zuma's convoy, the Cape Times newspaper reported on Wednesday.

Chumani Maxwele, 26, was arrested in Cape Town on February 10 last year and quizzed about his political affiliations after he gave the finger to Zuma's convoy while jogging along De Waal Drive.

The commission found in July that Maxwele’s rights to human dignity, freedom and security of person, freedom of expression and peaceful and unarmed demonstration, as well as political choice, had been violated.

So had his rights as a detained person.

Maxwele has filed a R1.45m damages claim against the police.

The commission’s finding followed a complaint lodged by the FW de Klerk Foundation's Centre for Constitutional Rights.

The commission found Police Minister Nathi Mthethwa should be held liable for the acts of the police and should apologise to Maxwele.

Mthethwa’s appeal against the findings in September had been dismissed by the commission.

Maxwele told the Cape Times that, while he was pleased the commission had upheld its decision, he was concerned Mthethwa had not apologised or taken responsibility.

Mthethwa's spokesperson Zweli Mnisi said in July: "Any apology by the minister would be tantamount to pre-judging the case."

Comments
  • npretorius2 - 2011-11-30 11:03

    From now on I'm gonna flip off every blue light convoy that passes me! i also want 1.5 mil! Its a win win situation, I love money, and flipping people the bird!

      JohnnyBGood - 2011-11-30 11:53

      I am not willing to take that chance. They might have a bad day and decide to either drive over you, or shoot you, maybe even both...

      John - 2012-01-04 00:34

      Friday, 09 of December, cars on the highway from Durban gave way to a political convoy with blue lights. Remembering 1 man killed by the Blue Light Brigade in Durban, and another in Jo'burg, I protested those murders and raised my finger as they drove past. They proceeded to block me and lunge their cars at me, as I swerved, slowed and pulled away. I held strong and steadfast in my protest! My family, however, were badly shaken. It is time that the ANC realizes that they are not above criticism and rejection, and also NOT ABOVE THE LAW! I expected the mentally challenged to zap me back, or even lay misdemeanor charges against me. But the public harassment and bullying shows that these mentals are in a mindset of their own. They need to be banished to Antarctica!

  • ivan.coetzee2 - 2011-11-30 11:05

    Go get the buggers Chumani Maxwele, 100% behind you!

      Craig - 2011-11-30 11:50

      The problem is that us tax payers will foot the bill for damages that are awarded

      ivan.coetzee2 - 2011-11-30 13:01

      True enuff Craig, it is a pity, but at least something get done about the idiots

      Craig - 2011-11-30 15:55

      I'm with you

  • CarlS - 2011-11-30 11:09

    Hope he does get paid. @Fnpretorius: You don't already? Join us! @ANC & Prez Frogface: _.|..

  • Larry - 2011-11-30 11:13

    Excellent result. Now, what will they do to make sure it does not happen again?

      Shawn - 2011-11-30 11:28

      Mandotory amputation of everyones middle finger............

      Lionel - 2011-11-30 12:06

      Eish Shawn. Don't give them any ideas. But hey, we would still have nine left! Then eight.. till we get them to work for us!

  • Fox - 2011-11-30 11:16

    This is a victory against Communism.. Only in a communist country do you get arrested for giving someone the middle finger.. Freedom of speach and expression wins this time!

  • Michael - 2011-11-30 11:21

    The arrogance astounds me. you do something I don't like, and we arrest you, and interrogate you, an question your political affiliations. Hey, Hitler's SS used to do that. So did the Apartheid Govt. Can you see we are not in control? Can you see that WE serve the government? We are ENSLAVED - there is NOTHING democratic about our country. If it was democratic, Eskom would not have to raise power prices by 50%, we would not be battling toll roads nonsense because we wouldn't NEED them. So, in my right for freedom of expression and peaceful and unarmed demonstration let me say to the police, the commissioner, and to the ANC: you suck donkeyballs. you have no idea what a civilised democracy looks like; hell, you can't even spell the word "democracy".

      Lionel - 2011-11-30 11:56

      They work for us! Join me and 1000's of others on Mobilitate as we hold our government accountable. Enough is enough!

  • Trevor - 2011-11-30 11:22

    About time Zuma ate some humble pie the arrogant prat!!I see our "human rights" going down the toilet over the next few years if the ANC's secrecy bill is passed,that which everyone said WOULD NEVER HAPPEN...they already have "YA BAAS" puppets in position of power to draft new legislation...just wait till our constitution is changed, it will come.

  • Bryan - 2011-11-30 11:31

    The next time I see a blue light convoy they will be getting a first hand view of my rusty sherrif's badge.... Go my man!!!

  • Gerhard Nel - 2011-11-30 11:36

    Well done Chumani, I'm standing with you on this. If you need more fingers doing more flipping, let me know!

      Lionel - 2011-11-30 12:00

      Agree Gerhard. I created Mobilitate for all SA citizens so that we can keep those we elect accountable. From councillors to municipalities to ministers and the president. They work for us!

  • Stephen - 2011-11-30 11:39

    Hope he gets every penny,

  • Stephen - 2011-11-30 11:40

    ? Wonder how much for flashing the brown eye?

      ivan.coetzee2 - 2011-11-30 13:03

      5 years would be guess, I wonder what the dude from the Durban July got for spilling his drink?

  • Hugh - 2011-11-30 11:44

    great stuff Max, sorry you had to go through the sh1t, but hopefully payday will be sweet.

  • Warwick - 2011-11-30 11:51

    How did he know it was Zumas convey, all the flipping widows are tinted.

  • Douglas - 2011-11-30 11:54

    Well done Maxwele, for not submitting to these scum. It is to be hoped that the minister will apologise, and damages paid, ASAP.

  • kardollie - 2011-11-30 11:55

    you see,if your colour or your name is not what it is to be you can't claim for damages only if you are disatvantaged will you qualify.they go according race.you must have a funny name.

  • Lionel - 2011-11-30 11:55

    They work for us! Join me and 1000's of others on Mobilitate as we hold our government accountable. Enough is enough!

  • Andre - 2011-11-30 12:18

    African mentallity, if you have a gun and a black lux car, you are king of the earth is costing us dearly. These hooligans responsible for the violation must be held personally responsible for the damages. Their conduct fell outside the law...., but will they - never.

  • Msholozi - 2011-11-30 12:56

    you cannot undermine our leaders the blue lights are there for them to be protected and mobilise not for disrespect

      ivan.coetzee2 - 2011-11-30 13:05

      Go back to toyi-toyi-ing, leave the internet cafe now, u ignorant fool.

      Frank - 2011-11-30 13:09

      i have more respect for the turd my dog presses out every morning...these clowns including zuma mean zero to me.

      Marzedt - 2011-11-30 13:11

      Respect is a mutual concept. All are entitled to Human Rights IE protection and freedom of oppression

      Heibrin - 2011-11-30 13:14

      And what if it is my choice to enact my freedom of expression by flipping them the bird?? As you said, the 'blue lights' are there to protect (not so sure about the mobilise bit, but hey..), not intimidate.

  • sorryson3 - 2011-11-30 13:42

    Wonder what influence this could have on the case of the spilt drink fiasco at the Durban July where the accused was found guilty of splashing his drink over JZ ( missed darn it ) ????

  • Lawrence - 2011-11-30 14:11

    They will settle out of court in the Civil claim, for a minimal amount (say R250k) and get the need to apologise withdrawn, as part of the settlement

  • gcshrimpton - 2011-11-30 16:16

    I will also give them the finger, but just for the pleasure of doing it. Pensioner on a Hayabusa, catch me if u can rsol! Comment by Tickey & Friends against fatboy en se ma winnie the poo.

  • Bob - 2011-11-30 17:10

    Excellent! This ruling sets a precedence for future action to be won in other similar circumstances…!

  • Linda Nortje - 2013-08-08 10:14

    Blue light brigade just drove into me on the highway . On my way to the police station to file an accident report, but highly doubt anyone will do anything about this.

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