Boksburg Spar manager awarded damages following unlawful arrest during lockdown

A manager at Whitfield Spar is due to receive damages from the SAPS after he was unlawfully arrested following allegations that the store sold hot food to the public during Covid-19 restrictions

A manager at Whitfield Spar is due to receive damages from the SAPS after he was unlawfully arrested following allegations that the store sold hot food to the public during Covid-19 restrictions

Published 17h ago

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Following the Covid-19 restrictions imposed five years ago, the ministry of police will have to dig into its pocket to pay damages to the operational manager at Whitfield Spar in Boksburg, who was arrested for selling hot food to the public during the government’s restrictions at that time.

The manager, George Lambrakis, had to spend two and a half hours in a crowded police cell before he was granted R1 500 bail.

He maintained throughout that the store sold prepackaged items of pap and chicken to the public and that they had thus not contravened the regulations at the time. 

The police, on the other hand, were adamant that a worker dished out pap and chicken by hand to customers from a dish.

The arrest took place during the outbreak of the Covid-19 pandemic in April 2020.

Sergeant David Makung, the arresting officer, testified that he received a complaint that the Spar at Whitfield was not complying with the Disaster Management Act, in that they were selling hot cooked food. 

Makung said the employee explained he was instructed by the employer to sell the food.

When the operations manager arrived, he told him he was going to be arrested for selling hot food. 

Lambrakis said they had prepared food in foam trays to enable the customers to pick up the food which was already bar coded.

His explanation in this regard to the SAPS fell on deaf ears, as according to them, this was hot food - which the minister said may not be sold.

Lambrakis said he was told that he was going to spend the night in jail. He was cuffed and the police forcefully pushed him into the van. His colleague was placed in another van.

They were placed in a cell along with six other prisoners. Later, their lawyers came to apply for bail, only to be told that there were no bail forms. They had to wait until the forms arrived.

Asked how he felt about the incident, Lambrakis testified that he felt degraded after the arrest. He is still scared of the police to an extent that he locks himself up when they come to the store. According to him, he develops panic attacks whenever he comes across police roadblocks.

The court accepted that the store sold prepacked food and did not contravene the law at the time. It was ordered that the SAPS pay Lambrakis the damages he can prove that he had suffered.

Cape Argus