R1-20/FREE
2016
28 October
Bela-Bela’s big
Charged with rape
booze bust ANC supporters rallied their support for a prominent ANC official who has been accused of rape, during his court appearance. Photo supplied
Lizzy Bapela
Police vehicles line the road outside Maks Chisanyama during a recent raid. Photo: TK Mashaba
TK Mashaba The Bela-Bela community has been growing increasingly incensed by repeated police raids on a local gathering place, as part of a recent police crackdown on illegal alcohol use. Much of the indignation was fuelled by confusion, as the community members were not aware of the reasons for the repeated busts. Maks Chisanyama, a popular gathering place for township residents, was raided on Saturday, 15 October, and again on Saturday, 22 October. The BEAT reported on the 15 October raid in a previous issue. Police vehicles arrived at Maks at around 20:00 on Saturday, 22 October, reversing their vehicles up to the exits. Eyewitnesses claim that there were at least six vehicles and many police officers, some of whom were not local. Colonel Lindi Marx of the Bela-Bela Police confirmed that 110 officers took part in the operation, and that assistance was requested from stations in Gauteng. The surprised patrons were amazed to see police emptying the bottles of alcohol they had brought to enjoy at the Chisanyama. The venue does not have a liquor license and does not sell alcohol. Instead, patrons are allowed to bring their own drinks to be enjoyed with the meals served at the Chisanyama. The police eventually left with a number of the restaurant’s patrons. Local DJ Mpho Kinstan says that he does not understand why he was detained. “They asked me to leave and while I was telling them that I’m the sound engineer,
they forced me into their vehicle. They did not charge me when we arrived at the police station.” The BEAT reached out to Bela-Bela police to clarify the situation. In an interview, Colonel Marx explained that contrary to popular belief, the practice of allowing customers to bring their own alcohol to a restaurant that is open to the public as Chisanyama is, is in violation of Section 154 (1) (d) of the National Liquor Act no. 27 of 1989. This Act renders it illegal to consume alcohol “in any road, street, lane, or thoroughfare, or on vacant land adjacent thereto, in an urban area or other area subdivided into erven or plots with streets bounded by such erven or plots.” According to Section 154 (1) (c) of the same Act, it is also an offense to be drunk in “any place of entertainment, café, eatinghouse or race-course or any other premises or place to which the public has or is granted access”. Because Maks Chisanyama is being run as a business, it is considered to be a public place in terms of the Liquor Act. Except in cases where the owner has a liquor license, consuming liquor in a public place, regardless of the source of the alcohol, is against the law. Colonel Marx explained the reason behind the crackdown as an attempt to curb crime in the area. Of the 60 assault cases received in September, she said that 55 were alcoholrelated. Contact crimes such as assault and rape have also been on the upswing in the township lately, to the point where the crime figures for September were among the worst that the town had seen in years.
Amid fears that the crime rate would only continue to skyrocket if nothing was done, the decision was made to crack down harshly on illegal alcohol use at Bela-Bela. Part of the reason why Chisanyama was raided, she said, was that the restaurant’s patrons would often spill over onto the busy thoroughfare into the township, creating a dangerous situation for passing traffic and making the area almost impossible to effectively police. Colonel Marx also said that the owner of Maks Chisanyama had been warned that patrons were not allowed to bring their own alcohol to the premises, and had not complied. While none of the patrons who were detained on 22 October were charged, Colonel Marx said that they were warned against public drinking and released on the understanding that if they were detained again they would be arrested. Colonel Marx promised that the raids and the crackdown would continue until the situation was under control. The owner of the Chisanyama refused to comment, but did say that he was consulting with his legal representatives. * It has come to The BEAT team’s attention that last week’s article regarding the police raids in the township (Local journo caught in police sweep, Page 2, 21 October) may have given the impression that the individuals picked up by the police, among whom were municipal employees Thabo Moselane and Tebogo Maheso, and The BEAT reporter TK Mashaba, had knowingly broken the law. While they, and the other patrons who were detained on the night in question, were in violation of the Liquor Act, they were not aware that Maks Chisanyama is regarded as a public space in terms of the Liquor Act
A prominent member of the provincial legislature said that he could not comment on his case or the charges levelled against him. The official was arrested on Tuesday, 11 October on charges of rape and bribery. The suspect, a highly-placed member of the ANC, told The BEAT on Tuesday, 25 October that he could not comment on the matter regarding his case because it is a matter for the courts, and referred the media to representatives from ANC branches. It is alleged that he raped a 23-year-old woman at The Park Hotel at Mokopane on 5 April this year, but there was not enough evidence at that point in time to make an arrest. Police’s provincial spokesperson Lieutenant-Colonel Moatshe Ngoepe said that the arrest was made after new evidence came to light. The ANC in Limpopo announced following the suspect’s arrest that they remain resolute in the fight against any form of abuse including sexual abuse and rape. The party’s Provincial Secretary Nocks Seabi told the media that the ANC noted the arrest and re-affirmed its confidence on the judicial system. He added that the ANC encourages a speedy resolution on the matter in the interest of justice. The ANC hold the principle of innocence until proven otherwise and will receive a report from the Regional Executive Committee (REC) on the way forward in line with the ANC Conference resolution. During his appearance before the Mokopane Magistrate’s Court on Friday, 14 October, a group of ANC supporters gathered outside the courts with posters showing their support for the suspect. One of the supporters’ poster read: ‘He is not a rapist, but a leader’, while another read: “Stop abusing leaders”. The suspect was granted R1 000 bail and was instructed to reappear before the Mokopane Regional Court on Monday, 7 November when he will plead his case. A representative of his family told the media after the suspect’s court appearance that he believes the rape accusations against him is nothing but a political ploy and that they will fight tooth and nail as it is a miscarriage of justice. He was recorded giving his outlook on court proceedings.