Cele put on terms to stop threats to businesses - Sakeliga
16 December 2020
Police Commissioner Bheki Cele should withdraw his unlawful instructions to members of the SAPS that they may penalise and close businesses. Sakeliga’s lawyers have informed Cele that it reserves the right to bring an urgent interdict against him should members of the SAPS act on his unlawful instructions.
Piet le Roux, Sakeliga CEO says members of the SAPS cannot be judge and jury: “They have no right to issue fines in the manner described by Cele, and they have no right either constitutionally or under the Disaster Management Act to close businesses without a court order. Should they do so, they would be acting unlawfully, liable to prosecution themselves, and exposing the State (and thereby taxpayers) to claims for damages.”
Cele’s public remarks, unlawful as they are, echoes suggestions by President Cyril Ramaphosa that criminal enforcement is on the cards for owners and managers of businesses and premises, to guarantee compliance of their staff and patrons.
Le Roux says the State’s “attempt to outsource compliance with its regulations, often irrational and frequently unconstitutional as they have been proven in court, is unacceptable. Owners and managers of businesses and premises should not be threatened with criminal prosecution for the conduct of others, particularly for conduct by others which not even itself constitute an offense. We are advised by our legal team that actual criminal prosecutions in this regard are generally unlikely to succeed yet do present risk.”