Hugh Glenister takes Nhleko and DPP to court over 'illegal raid'

2016-12-20 14:55
Hugh Glenister (File, Rapport)

Hugh Glenister (File, Rapport)

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Johannesburg - Johannesburg businessman Hugh Glenister has launched a court application against Police Minister Nathi Nhleko and the Director of Public Prosecutions (DPP) to force them to decide whether or not to prosecute eight police officers who he says ransacked his house about 18 months ago.

Glenister wants the two to make a decision, so that if they decide not to prosecute, he can initiate a private prosecution.

He alleges in an affidavit that on July 8, 2015, the police officers climbed over the wall of his Johannesburg home, ransacked the property and caused extensive damage. 

Glenister said he was told by the police that members of the crime intelligence unit had received a tip-off that there were drugs on the property and they therefore did not need a search warrant.

However, no drugs were found on the property.

In his affidavit, Glenister said the police officers had broken a number of security gates and doors with a steel bar in order to gain access to certain rooms.

They had found his domestic worker and left her with a piece of paper with a contact number of a police officer from the Sandton police station.

Case about 'total disregard for the rule of law'

Glenister has now launched the court action because "nothing has happened" after 18 months.

He launched his application against Nhleko and the DPP on November 16, and the State attorney's office filed its intention to oppose it on December 9.

"This case is not so much about the extensive damage caused by the SAPS during their search, but more so the total disregard for the rule of law. It is about holding people accountable to the law," Glenister said in a statement.

In his affidavit Glenister detailed correspondence between his lawyers, the police and the DPP's office since the incident, saying it is unreasonable that no decision has been taken.

"I submit that a period in excess of 16 months to investigate this matter and for the DPP to reach a decision as to whether he intends to prosecute the 8 members of the SAPS involved in what I submit was an illegal raid on my property, is unreasonable in the extreme,"  Glenister said in his affidavit. 

Glenister previously made news headlines when he ran and funded a litigation campaign to stop the now-defunct Scorpions from being shut down.

He then challenged the law that established the Hawks to ensure that they were sufficiently independent of the executive to be able to fight corruption.

* An earlier version of this article said Glenister was taking Nhleko and National Director of Public Prosecutions Shaun Abrahams to court.

Read more on:    ndpp  |  shaun abrahams  |  nathi nhleko

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