The police must seriously consider the court ruling on their failure to act during a violent strike action in 2007 on the farm Kiepersol of the banana producer Umbhaba Estates in Hazyview.
The FF Plus welcomes the ruling by the court and sees it as a victory for all South Africans who are at the mercy of crime and violence while the police force is increasingly failing to fulfil its duty.
Earlier this month, the Supreme Court of Appeal dismissed the state’s appeal against a High Court ruling with costs. Umbhaba Estates claimed R318 million in damages suffered.
Umbhaba Estates owns various megafarms and is one of the largest producers of bananas and citrus fruits in the country.
The applicants in the appeal case were the Minister of Police as well as the national and provincial Police Commissioners.
At the time, the strike from 5 to 24 July made headlines. It was characterised by intimidation, assaults, malicious damage to property, vandalism, theft and looting. Numerous orchards were torched and destroyed.
The police were accused of failing to act, and even of siding with the violent strikers as they tried to prevent farm personnel from filming the strikers’ unlawful conduct.
With its ruling, the Supreme Court of Appeal confirmed the High Court’s judgment that the police acted recklessly seeing as they either ignored pleas for help or simply took no appropriate action at the scene.
According to the ruling, it must “be emphasised” that the police had a constitutional duty to intervene, even before the first of the three court orders against the strikers had been obtained. According to the finding:
“The police continued to drag their feet despite the issuance of three court orders related to the same incident, [which] is most deplorable.
Based on the totality of evidence adduced, the high court’s conclusion [is] that the attitude of the police in managing the strike was merely reactionary and exhibited a ‘don’t care’ attitude.”
The FF Plus always says that there are indeed good police members who do their jobs diligently. Unfortunately, there are also many rotten apples who take their lead from those on the highest level in the police force and do not take their job seriously.
Hopefully, this ruling will contribute to a sense of urgency in the police to do their job and act on court orders.
Contact details: 083 627 4397 / 065 801 7216
;
