Muizenberg parents have lost their claim for over half a million rand in damages against the police after being detained for six hours while rescuing their toddler from the beach during lockdown.
The Western Cape High Court found that SAPS acted within the law at the time, as they were following the lockdown regulations which were in place.
The parents, who are only identified by their initials as their daughter was slightly older than a year when the incident occurred in May 2020, claimed that they had suffered a nightmare ordeal at the hands of the police.
The husband testified that they lived in an apartment in Muizenberg, close to the beach.
On May 4, 2020, when people were not allowed on the beach, they walked in the direction of Muizenberg’s brightly coloured huts and noticed the presence of the police on the boardwalk.
Their daughter was restless and the husband then removed her from the carrier.
When he turned around, he noticed that she was on the beach, beyond the wooden pole railing of the steps.
He then ran after her, onto the beach and grabbed her.
The child did not want to listen to him and, as he explained, “plonked” herself down and had a temper tantrum.
The mother then also ran onto the beach and tried to reason with the child, who still refused to move.
The husband said while they tried to reason with the crying child, he noticed the police and waved at them thinking they were concerned about the crying child, before picking her up.
Back on the boardwalk, the police told him to follow them and instructed him to get in the back of the police van.
According to the father, an officer told him, “he is stupid as the child can die of the virus”.
He was taken to the police station, and the mother and child were transported in a police vehicle.
The father said at the police station he pleaded with the police to allow his parents to fetch the child, but this request was refused.
Following hours of being questioned, they were eventually warned to appear in court and released.
The charges were, however, later dropped.
Both parents testified that they were extremely anxious and fearful while detained.
The child was in her mother’s arms for the duration of the questioning, and they were extremely concerned about her wellbeing.
According to the police, they found the family on the beach and explained to them that they were breaking the Disaster Management regulations.
They also denied that the family were exposed to unsafe Covid-19 conditions while being detained.
Judge Mas-udah Pangarker said while she appreciated that the plaintiffs were fearful and anxious, the evidence does not support a finding that their right to dignity was infringed in the way pleaded and expanded on in the trial.
The judge said as things turned out, the charges were withdrawn about three weeks after the incident. The plaintiffs were notified in this regard, yet decided to leave South Africa.
Zelda Venter
iol.co.za