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 Furious diners lash out after police raids
    August 30 2005 at 06:30AM Get IOL on your
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By Anna Cox and Shaun Smillie

Outrage is mounting at the Johannesburg metro police's raiding of restaurants under the pretext of checking for outstanding traffic warrants and unpaid fines.

On Friday night, officers entered Norwood restaurants demanding to see the driving licences of diners, to check if they had any outstanding warrants or fines.

No one was arrested for unpaid fines, but four illegal immigrants were caught and one man was arrested for possession of drugs.

The raid has been variously condemned as illegal, an unwarranted invasion of individual rights, intimidation and harassment.

The sweep was part of the metro police's ongoing blitz across the city in its bid to recoup the R280-million outstanding in unpaid fines.
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Since the operation began last week, 550 people have been arrested.

On Monday night, the metro police were unrepentant, warning that raids and roadblocks would continue all week.

They also warned that sweeps would be extended to homes and business premises.

However, Human Rights Commission chairperson Jody Kollapen condemned the tactics.

"The HRC supports law enforcement, but they are crossing the line if they are doing this. This would be an unwarranted invasion into the private space of an individual."

Kollapen pointed out that patrons of restaurants were under no obligation to hand metro officers their driving licence.

"You don't need a driving licence to go to a restaurant. Even if you are a passenger in a car, you don't need a licence - it is only if you are behind the wheel."

Independent Democrats leader Patricia de Lille was outraged.

"That's just pushing it too far. This is where people go to relax, not to be arrested. This really is an invasion."

But metro police insist the raids are lawful, and that motorists do not have to be driving to be asked to produce licences.

However, legal expert advocate Don Smart disagrees.

"It is absolutely illegal for officers to enter a restaurant or shopping centre and start demanding to see identification.

"It's different if there is a specific warrant out and the officers are looking for that person."

Democratic Alliance ward councillor Marcelle Ravid said metro police should enforce the law, not transgress it. "I will be looking into the matter and lodge a complaint if necessary," she said.

Joan Bortz of Carlo's Coffee Bar in Norwood described Friday's raid as "ugly and unpleasant".

"About 14 officers stormed in. They started removing our tables and chairs and checking around while our customers were having their meals," she said.

Another restaurant owner, who would not be named, said her customers were furious at the "harassment".

She and most of her staff were fingerprinted. "I feel humiliated. The staff complained to me but there was nothing I could do.

"When they start demanding driving licences from people having an enjoyable evening, they are going too far," she added.

In October, the Law Society of the Northern Province said it had put 600 firms of attorneys on standby to assist motorists arrested and allegedly detained illegally.

This followed the widespread random arrest and detention of motorists at roadblocks. Among those locked up for hours were mothers with young children.

Johan Gresse, an attorney who has acted for several motorists, said they had won many cases after the metro police clampdown.

"In the cases we won, warrants were found to be defective.

"One person claimed damages of R100 000 from the metro police and was awarded R15 000 by the court for being illegally detained," he said.

    • This article was originally published on page 1 of The Star on August 30, 2005
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