Connie Selebogo
Three Senegalese art traders, who claim they were assaulted at the Cradock street market in Rosebank last month by bogus policemen, are due in court next week – not as witnesses but as suspects.
The traders, who are being tried on assault charges lodged by their alleged attackers, say the police initially opposed their bail on the grounds that “these foreigners will not return to court”.
Foreign traders are commonly victims of fraud by thieves posing as police officers, according to the three traders, who claim their attackers tried to extract money from them.
Adama Gueyi, his brother El Hapadji and their friend Konate Kallillou, all three legitimately in the country, are prominent art traders at the Rosebank Cradock street market, which appears to be the most vibrant market for tourists and weekend strollers. They have been working there for two years.
According to Gueyi, three men who claimed to be police officers confronted them while they were trading and accused them of selling drugs. Gueyi says the accusation was without probable cause, nor was a search warrant produced, but on the basis of that false accusation the alleged attackers demanded money from them.
The three traders resisted the “police officers” and a fight ensued, after which one of the alleged attackers ran away. The other two, having suffered injuries, laid a charge of assault against the traders with the Rosebank police. According to the three, a police officer at the station offered to drop the charges if they gave him some money.
The three traders were charged with assault and after much begging and pleading, each had to pay R800 bail. Gueyi says bail was initially refused because, according to Captain Adriaan Haasbroek, “foreigners normally don’t turn up for court proceedings”.
Eve Thompson, a lawyer and director of the South African office of the United States Joint Center for Political and Economic Studies, has written a letter to the Human Rights Commission (HRC) condemning the incident and demanding that Haasbroek, as well as police “who attempt to steal from law-abiding citizens”, be heavily penalised in order to maintain the rule of law and respect for police services.
Thompson says it is unconstitutional to deny a person bail on the basis of their race, nationality, ethnicity or gender.
Haasbroek refused to respond to allegations or to Thompson’s letter calling for his investigation by the HRC. He said he is awaiting advice from his lawyer.
Rosebank commanding officer Captain Steven Moodley expressed his regrets and apologised for the alleged rude behaviour of some police officers and said it would not be tolerated. It was not the duty of police officers to determine whether suspects should be granted bail; that was the job of a magistrate.
A departmental investigation is in process, he said, under Captain John Miles of the Norwood police station. He added that he could not handle the investigation because the police officers involved are in his department.
Miles said he is awaiting the outcome of the trial before making his determination.
A spokesman for the HRC says it has not yet looked at this matter because the commission is busy with issues of racism in the media.