A ”typing error” has put paid to an application by three Ekurhuleni metro police for a restraining order against their chief, Robert McBride.
It emerged in the Johannesburg High Court on Tuesday that McBride was informed in a notice of motion that the urgent application would be heard on Monday ”July 9”, instead of July 10, when the matter in fact went to court.
”I’ve got a problem,” said presiding Judge Moroa Tsoka.
The lawyer for the metro police, Marne Strydom, said on Tuesday afternoon: ”We just picked that up just now.”
She explained that the matter was originally to have been set down for Monday.
Tsoka suggested that the notice be amended and the matter be set down for another day.
”Then I’ll be satisfied that they elected not to come,” he said.
Tsoka also noted his reservation about whether a case had been made in papers against all 14 respondents, of whom McBride was the first.
Tsoka said he could find information pertaining to the allegations against only six of the respondents.
Lawyers for the three metro police said earlier that they sought an application for a restraining order to prevent any further harassment, intimidation and assault.
The order would prevent McBride from coming within 100m of the three men.
The application is being brought by Chief Superintendent Stanley Segathevan, Chief Superintendent Patrick Johnston and Superintendent Itumeleng Koko, all of the Ekurhuleni metro police.
They were present at the scene of a car crash involving McBride earlier this year. They have reportedly been harassed and victimised since making a statement about the incident.
On Tuesday, Strydom asked the court to have ”some sympathy with the applicants in this matter”.
”I have sympathy,” replied Tsoka.
However, he asked what the respondents had done and where he could find this in the papers. What was there was ”not sufficient”.
McBride and 13 others were to be served with an amended notice of motion, setting down the matter for Wednesday. — Sapa