Man whose alcohol was seized should be compensated

17 July 2007

The Public Protector has recommended that the police compensate a man whose alcohol they destroyed after it was confiscated on suspicion that he planned to sell it without a licence.

The man was planning a 21st birthday party when police seized his alcohol for further investigation. When the investigation found that it was indeed for a 21st birthday party, the state declined to prosecute and wrote on the docket that the alcohol should be returned to the suspect.

However, a police director D.C. Pistorius gave a written order that the liquor not be returned but destroyed instead. The liquor was destroyed as per the instruction.

The man approached the Public Protector who launched an investigation and found that while the seizure of the alcohol was justified, the destruction of the alcohol was flawed. The alcohol should have been returned to the suspect as per the instruction of the prosecutor and proper procedures for destruction were not followed.

The Public Protector said the appropriate claims section within the police should compensate the lawful owner for the loss as a result of the wrongful failure to return the liquor in question. The provincial director of police should investigate the decision of Director Pistorius to retain and destroy the liquor to establish whether or not it was regular.

The Public Protector's office is established in terms of the Constitution of South Africa. It strengthens our young constitutional democracy through, among others, investigating maladministration, delays in service delivery, and allegations of impropriety or prejudice by public administration in any sphere of government.

It is an office of last resort, meaning that all other avenues to address a complaint must be exhausted before the Public Protector is approached. It does not investigate court decisions and its services are free.

For more information contact Charles Phahlane on 012 366 7006 or 082 856 8188.

For media releases, speeches and reports visit the Public Protector�s website www.pprotect.org .