Unlawful arrests of citizens for not wearing masks will not be tolerated

18th January 2021

The Democratic Alliance (DA) in Limpopo is appalled by the raids conducted in the Waterberg region, specifically in Modimolle, by SAPS and the South African Defence Force (SANDF) earlier today.

Scores of SAPS members and members of SANDF filled the streets of Modimolle and arrested unsuspecting persons on the pavements who were not wearing masks or were wearing masks incorrectly. 

Businesses were entered and employees who were not wearing masks were arrested and taken to the police station to be processed.

The DA has it on good authority that some people were treated with unnecessary force and were hauled off to the police station without observing protocols. The same vehicles were used more than once to transport persons to the police station without being sanitised between trips.

When President Cyril Ramaphosa first re-imposed a level 3 lockdown in the country, in 28 December 2020, he announced that wearing masks in public would become mandatory for citizens. President Ramaphosa further stated that people will be asked to put on their masks and failure to do so will result in an arrest.

This is confirmed in section 34(2) of the Disaster Management Act, 2002: Amendment of Regulations as Gazetted on 29 December 2020 which clearly states that “the wearing of a mask is mandatory for every person when in a public place, and any person who fails to comply with a verbal instruction by an enforcement officer, commits and offence..”

Failure to wear a mask in public under the current level 3 lockdown regulations could see people spend as long as six months in prison, a fine or both.

The DA is adamant that the unlawful arrest of civilians in a rough and ready manner without observing protocols should not be allowed.

The DA requests all members of the public who were arrested and manhandled by either SAPS or the SANDF to report the matter at their local SAPS charge office, or to contact the DA directly.

We recognise that the regulations to wear masks in public and to practice social distancing are important measures aimed at countering the further spread of COVID-19, We request members of the public to continue to observe these protocols.

The DA will seek further clarity on the matter by engaging with the affected individuals and stakeholders to compile a factual dossier before seeking legal counsel on how to proceed.

Issued by DA