Man whose alcohol was seized should be
compensated
17 July 2007
The Public Protector has recommended that the police
compensate a man whose alcohol they destroyed after it was
confiscated on suspicion that he planned to sell it without
a licence.
The man was planning a 21st birthday party when police
seized his alcohol for further investigation. When the
investigation found that it was indeed for a 21st birthday
party, the state declined to prosecute and wrote on the
docket that the alcohol should be returned to the suspect.
However, a police director D.C. Pistorius gave a written
order that the liquor not be returned but destroyed instead.
The liquor was destroyed as per the instruction.
The man approached the Public Protector who launched an
investigation and found that while the seizure of the
alcohol was justified, the destruction of the alcohol was
flawed. The alcohol should have been returned to the suspect
as per the instruction of the prosecutor and proper
procedures for destruction were not followed.
The Public Protector said the appropriate claims section
within the police should compensate the lawful owner for the
loss as a result of the wrongful failure to return the
liquor in question. The provincial director of police should
investigate the decision of Director Pistorius to retain and
destroy the liquor to establish whether or not it was
regular.
The Public Protector's office is established in terms of the
Constitution of South Africa. It strengthens our young
constitutional democracy through, among others,
investigating maladministration, delays in service delivery,
and allegations of impropriety or prejudice by public
administration in any sphere of government.
It is an office of last resort, meaning that all other
avenues to address a complaint must be exhausted before the
Public Protector is approached. It does not investigate
court decisions and its services are free.
For more information, contact Charles Phahlane on 012 366
7006 or 082 856 8188.
For media releases, speeches and reports visit the Public
Protector’s website
www.publicprotector.org
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