Mohalenyane Phakela
POLICE officers are not above the law and they should conduct their duties within the confines of the constitution, a High Court judge has said.
Justice Realeboha Mathaba said this while sentencing a senior police officer to a fine of M3 000 or two months in jail for contempt of court.
The police officer, one Inspector Monethi, cited as the officer in charge of Mokhotlong Police Station, has until this Saturday to pay the M3 000 fine or be committed to jail.
Inspector Monethi was sentenced after he disobeyed a 15 December 2021 court order to release two trucks belonging to Water Mark Transport which the Mokhotlong police had seized from the company.
It is not clear why the trucks had been confiscated.
However, Justice Moroke Mokhesi had issued an interim order for the trucks to be released and for the Mokhotlong police not to interfere with the employees of Water Mark Transport pending finalisation of the company’s court application against the seizure of its property.
But the police seized the trucks again on 17 October 2022, forcing Water Mark Transport to run back to court and order its lawyer, Advocate Rethabile Setlojoane, to sue Insp Monethi for contempt of court.
Insp Monethi’s contempt proceedings were before Justice Realeboha Mathaba, who also sits in the commercial division of the High Court.
Justice Realeboha Mathaba found the senior police officer guilty on 5 May 2023 and subsequently sentenced him on 13 November 2023.
The judge said upon their assumption of duty, policemen are required to solemnly uphold the law. They have no right to disobey court orders.
“I would have considered sentencing you to a term of imprisonment, without the option of a fine …but for the fact that you were remorseful, and the fact that you are a first offender…….,” the judge said, emphasizing that no one was above the law.
“Yours is a brazen attack on the judiciary and the justice system. It is indeed horrible and despicable for a law enforcement officer to disregard court orders……”
Justice Mathaba ordered Insp Monethi, Commissioner of Police Holomo Molibeli and Attorney General Advocate Rapelang Motsieloa to pay the costs incurred in bringing the contempt of court suit on the higher attorney and client scale.
