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Police spikes illegal, says Minister Mguni
09 Apr 2017 at 17:01hrs | Views
Home Affairs deputy minister Obedingwa Mguni has said it is illegal for the police to throw spikes at moving vehicles.
Answering a question from Midlands Senator Lilian Timveos who questioned him about police use of spikes to deflate vehicle tyres in an attempt to stop motorists alleged to have committed traffic offences, Mguni said people must bring evidence so that they can discipline the officers doing that.
"We are in a world where people can capture a lot of incidences through the gadgets they are carrying. We have already dismissed a lot of police officers through the help of the public when they record indecent acts which are not professional.
"If the police officer threw a spike onto a moving vehicle, which is not correct, if we can get such evidence, we will discipline the police officer because the spike must be laid down.
"It is used to control traffic, for motorists to stop and obey the instructions," he said.
Mguni said spikes are supposed to be laid down to act as security barriers.
"A boom gate, a spike, a drum and a mobile plastic wall which is usually yellow are all called security barriers. They are used to stop or control traffic.
"The bone of contention is how they are put on the road. Spikes should be laid on the road so that an offender or any motorist stops and obey what the police want.
"However, I have physically gone to where the police have been carrying the spikes. I have seen some taxi drivers driving over the spike which is laid and he will be carrying passengers.
"I think that we need to educate the nation that they should not always try to break the law. When the police stops you, stop and comply. That will make no conflict between the police and the society," he said.
Chapter IV, Section 38 of the Criminal Law (Codification and Reform) Act, states: "Any person who - (a) throws or propels or prepares to throw or propel any missile, article or thing at any person, motor vehicle, boat, aircraft or building with the intention or realising that there is a real risk or possibility of causing damage or injury.
. . leaves or places on or over any road anything with the intention or realising that there is a real risk or possibility of obstructing such road or endangering persons using it; shall be guilty of obstructing or endangering the free movement of persons or traffic and liable to a fine not exceeding level 12 or imprisonment for a period ot exceeding 10 years or both."
Answering a question from Midlands Senator Lilian Timveos who questioned him about police use of spikes to deflate vehicle tyres in an attempt to stop motorists alleged to have committed traffic offences, Mguni said people must bring evidence so that they can discipline the officers doing that.
"We are in a world where people can capture a lot of incidences through the gadgets they are carrying. We have already dismissed a lot of police officers through the help of the public when they record indecent acts which are not professional.
"If the police officer threw a spike onto a moving vehicle, which is not correct, if we can get such evidence, we will discipline the police officer because the spike must be laid down.
"It is used to control traffic, for motorists to stop and obey the instructions," he said.
Mguni said spikes are supposed to be laid down to act as security barriers.
"The bone of contention is how they are put on the road. Spikes should be laid on the road so that an offender or any motorist stops and obey what the police want.
"However, I have physically gone to where the police have been carrying the spikes. I have seen some taxi drivers driving over the spike which is laid and he will be carrying passengers.
"I think that we need to educate the nation that they should not always try to break the law. When the police stops you, stop and comply. That will make no conflict between the police and the society," he said.
Chapter IV, Section 38 of the Criminal Law (Codification and Reform) Act, states: "Any person who - (a) throws or propels or prepares to throw or propel any missile, article or thing at any person, motor vehicle, boat, aircraft or building with the intention or realising that there is a real risk or possibility of causing damage or injury.
. . leaves or places on or over any road anything with the intention or realising that there is a real risk or possibility of obstructing such road or endangering persons using it; shall be guilty of obstructing or endangering the free movement of persons or traffic and liable to a fine not exceeding level 12 or imprisonment for a period ot exceeding 10 years or both."
Source - dailynews
