Analysis

EXPLAINER | Former presidential protector explains what should have happened instead of 'thuggery'

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VIP Unit officers allegedly assaulted people along the road.
VIP Unit officers allegedly assaulted people along the road. (PHOTO: Supplied/Screengrab)
  • Police brutality is in the spotlight after the Presidential Protection Unit allegedly assaulted two men on a Johannesburg highway on the weekend.
  • At most the unit should have arrested the civilians and not beat them up, as depicted in the viral video, says a former member.
  • Analysts say this not a new phenomenon for the unit and are not hopeful repercussions will come of it as past cases have shown.

Police brutality is again in thespotlight this week after members of the Presidential Protection Unit (PPU) allegedlyassaulted at least two men on the N1 in Johannesburg over the weekend.

Former PPU members told News24 theaction of the police detail was unacceptable, justice must be effected and evenif there was a threat it should have led to arrests not "thuggery".

Video footage shows DeputyPresident Paul Mashatile's VIP protection detail dragging a man out of a carand then kicking and beating him and another person.

After the one person looked togo limp, the unit, armed with guns, stopped, and jumped back into their carsand drove off.

READ | Motorists assaulted by VIP cops in Gauteng beinginterviewed, says IPID

Mashatile said he was notpresent when the incident happened and condemned "any unnecessary use offorce, particularly against unarmed civilians".

What should have happened?

The former team leader of the PPUassigned to Nelson Mandela, Rory Steyn, told News24 "it is thuggery at itsfinest".

He said:

We set such high standards, now this. Everyone on the PPU Group is incensed by this.

Another former member of thePPU, Conroy Herandien, who worked for FW de Klerk, Nelson Mandela, Thabo Mbeki,Jacob Zuma, and former deputy president Phumzile Mlambo-Ngcuka, added there wasno justification for what happened.

He said:

If there was a threat, they should have neutralised and effected arrest. If there was force from the other party, they should have dealt with it with minimum force or force appropriate to the situation. But what happened there was not on.

Herandien added if there was aproblem with the driving, they should have pulled the vehicle off, inspectedthe driver's credentials, questioned them, and then arrested them if necessary.

Professor Jacob Mofokeng of thedepartment of safety and security at the Tshwane University of Technology, saidwhen he was still a part of the police "we were taught that when you aredriving a head of state you should drive in a defensive manner", and so couldunderstand why presidential drivers were sometimes perceived as reckless.

"But what we saw [in thevideo] is totally uncalled for," he added, saying because Mashatile confirmedhe was not in the brigade, there was absolutely no justification for theactions of these police officers.

"It is bullying tactics. Theydamaged the image if the SA Police Service."

Last year, it was reported the VIP unit was involvedin 51 car crashes since 2018, which cost the state more than R650 000, with noVIPs involved in the incidents.

What happens now?

The police said they wereinvestigating the alleged assault and confirmed eight members were involved.

The victims were also traced fortheir statements, while the officers involved would be "subjected tointernal processes".

The Independent PoliceInvestigative Directorate (IPID) said it was also investigating the incidentafter two complaints from MPs were received.

READ | WATCH | Motorist viciously assaulted by members ofpolice's VIP Unit

Mofokeng, who once drove a headof state, said these "police members must be put on cautionary suspension".

He added investigators shouldlook at the intensity of the force used by using the video footage available.

Mofokeng said the victims could lodge civil claims against the minister of police for brutality, adding:

Where these people were seen to be violated or maybe exceeded the minimum force, they should be given particular sentences, whether it be dismissal or other appropriate sentences. We [the public] should then be informed of the outcomes.

Despondently, he added"most times we will never know of what happened in these cases".

Civil rights group ActionSociety's Ian Cameron agreed with this sentiment, saying this was a commonproblem that was not new and police officers flouting the rule of law went onunabated.

In 2019, it was reported between April 2012 to March2019 there were more than 42 000 criminal complaints against the police with only531 successful prosecutions.

Who is responsible?

According to the police and the presidential handbook:

SAPS takes full responsibility for the protection and security of the president and deputy president at all times during their term of office.

It also states all costs formotor vehicles in this regard will be borne by the police too.

In 2021, the budget for VIP protection services increased fromthe previous year's R1.6 billion to R1.7 billion.

In the 2021/22 annual report,the reported figure for VIP protection services was more than R1.85 billion.

Herandien does make the point itshould always be in the back of the mind of the protection detail their actionsreflect on the principal.

Who is usually in the PPUbrigade?

He said sometimes, when there wasa principal on board, "this is the function of the SA police with theassistance of the military, who usually provide medical cover".

Herandien added sometimes otherstate components could be attached like state security personal, "but thecore function lies with the SAPS".

What possible charges can bebrought against the police officers?

In terms of the law, the PPU aresometimes offered special privileges to effect their duties to protect theirprincipals.

IPID and the police would needto investigate if that was the case in this situation.

Herandien stated "it's notlegal in any book to assault people like that".

Cameron said he thought chargesof assault grievous bodily harm, intimidation, pointing of a firearm and,depending on the injuries of the victims, "attempted murder" shouldbe laid.

A note by Schindlers Attorneys from 2021 analyses theroad usage of the "blue light brigade" - as the PPU is commonlycalled.

It concluded "where bluelight brigades members act in contravention of statutory traffic laws when theyare not on duty, or when they are speeding to deliver a VIP to a meeting, thismight not fall within the parameters of the exemption from prosecution…"

Considering this case was not related to driving, but seemingly an attack outside the normal duties of the PPU - and considering the deputy president was not in the car, so no principal was being protected - there may be grounds for some of the charges mentioned by Cameron.

Muhammad Hussain

Muhammad Hussain

Muhammad is an in-depth writer based in Johannesburg.