Durban - A bunch of bullies “who do as they please because they are the law” was how a Durban magistrate labelled a group of metro police officers who were involved in the detention and subsequent assault of a prosecutor who had dared to photograph one of them talking on a cellphone while driving.
Magistrate Garth Davis on Monday sentenced the “chief bully”, Thulisile Zondi - whom he convicted of twice kicking Nontobeko Biyela - to a fine of R24 000 (or two years’ imprisonment), half suspended for five years.
“One has to wonder to what extent policing has slipped,” he said, remarking that had the assault been more serious he would have had no qualms in sending Zondi to jail, even as a first offender.
On Monday the courtroom was packed with Zondi’s supporters, the benches in the public gallery full and some people sitting on the floor. None wore metro police uniforms.
The charges related to the events of a day in May 2013 when Biyela was sitting with her husband in their car in Anton Lembede (Smith) Street when Zondi drove past them, talking on her phone.
Biyela said she photographed Zondi, which led to her being arrested at midday and released after nine that night, after the intervention of a senior SAPS officer.
During that time she was bullied by Zondi and her colleagues and, even though she deleted the photograph and apologised, she was told to lick the floor of their vehicle.
Zondi also told Biyela she would “rearrange her face” and she kicked her when she sat down at the local police station after being forced to stand for more than three hours.
Zondi pleaded not guilty, saying the incident had nothing to do with the photograph and that Biyela had insulted her while she and her colleagues had been issuing tickets to her husband for parking on a yellow line and for a smooth tyre.
Passing sentence on Monday, the magistrate said these “lies” in the face of real evidence - a recording on Biyela’s phone in which Zondi said: “Why are you taking my picture… she is continuing to take our picture.” - were proof that Zondi was not remorseful, he said.
“Truth and honesty fell by the wayside.
“If you are not properly punished, there is a danger this behaviour will be repeated,” he told her.
He said he hoped the metro police would take action against Zondi and the others who were with her that day.
“We are not only talking about an assault - about two kicks - but a whole series of events and the moral blameworthiness of all those involved.
“They (police officers) are meant to protect and serve the public. They are paid by the public. This behaviour fell so far short of what was expected of them… it was reprehensible and unbecoming in the extreme.
“She (Zondi) was the chief bully who, with the other bullies, decided to treat a ‘cheeky member of the public’ a lesson never to forget because she had dared to take a picture of Zondi driving and talking on her phone.”
The magistrate also commented on the bad behaviour of some of metro officers who attended the trial, saying he had to warn them three times because they interrupted witnesses by clicking their tongues.
“They are police officers. They attend court. They know the protocol and yet I had to warn them to keep quiet or I would ask them to leave.
“They had no respect for the court.”
He said should Zondi be convicted of assault again, he had no doubt she would be sent to jail.
He granted her leave to appeal against her conviction, but not the sentence, and released her on bail of R8 000.
Prosecutor Kelvin Munsamy appeared for the State.
Metro police spokesman Eugene Msomi said the incident in question and the magistrate’s comments had been noted and would be investigated further.
“Such incidents are not welcome in our department. We do not condone bullying or any other behaviour such as this… we want our members to behave in an exemplary manner.”
The Mercury