A constitutional challenge by a group of cops charged with extorting Chinese shops seeking to have their case withdrawn was denied by the Cape Town Magistrate’s Court.
Eight officers based at the Saps Public Order Police unit made their first appearance in court on Wendesday.
According to a source the brazen cops allegedly showed up in full uniform in Chinatown in Milnerton where they extorted R28 000 from two shopowners.
They allegedly searched premises without a warrant and threatened to arrest shopowners who are reportedly illegally in the country.
Jerome Davids, Nomapondomise Mvane, Peter September, Dylan Lodder, Thandolwethu Pendu, Akhona Silo, Phakamani Mtheli and Unathi Mlilwana were charged with aggravated robbery, extortion and defeating the ends of justice.
Attorney Sydney Tsotso told the court that his clients, Silo and Mlilwana, had been brought to court two days after their arrest, which encroached on their constitutional rights.
The Magistrate enquired why the accused were not brought to court on Tuesday and the state prosecutor explained that the 48 hour period after their arrest ended at 7pm on Tuesday night, which was outside the operational hours of the court.
He further said detectives had been working hard to obtain the tracker details of the Saps vans used in the incident as well as CCTV footage from the Chinatown shopping complex.
The Magistrate ruled that the cops were lawfully before the court.
It was heard that while the other officers had no pending cases against them Davids was convicted of assault with the intent to commit grievous bodily harm.
The case was postponed to 22 October for a formal bail hearing.
Mahira Duval
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