'Investigating officers have the prerogative to have suspects shackled in court'

The court appearance of Nicholas Ninow who has been accused a raping a 6-year-old girl at Dros restaurant in Pretoria sparked a debate on social media on why he was not shackled.

Pictures making comparisons between Ninow; fees must fall, activist, Mcebo Dlamini and Duduzane Zuma when they appeared in court trended on social media with people asking why Dlamini and Zuma were shackled while Ninow was not.

Some people came to the conclusion that is was racially motivated.

Azania Mosaka engaged Saps spokesperson Vish Naidoo to understand what led to others being shackled and others not.

Regarding shackling of awaiting trails detainees that are going to court, there is no specific policy on that. There is a policy that speaks to the restraining of suspects when arrested and being transported from point A to point B.

Vish Naidoo, National Spokesperson at SA Police Service

When it comes to an accused that is appearing in court, the prerogative is on the investigating officer first and foremost to make a determination as to whether that suspect or awaiting trial detainee may be in restraints when being brought before the court. And that would be informed by the level of threat that suspect poses in terms of causing danger to himself or herself or danger to anybody else in their vicinity.

Vish Naidoo, National Spokesperson at SA Police Service

A second scenario is when a court would place such a rule like the one of Duduzane Zuma. That court had experienced challenges in the past where suspects escaped. So the court made a ruling that every suspect that will appear there will be in restraints.

Vish Naidoo, National Spokesperson at SA Police Service

READ: Why are people upset that Duduzane Zuma was shackled? Is it because he's hot?

Every case has to be treated with its own merits in any other court and that determination will be made by the investigating officer base on whether the suspect may be a flight risk or pose danger.

Vish Naidoo, National Spokesperson at SA Police Service

Attorney and former prosecutor Marius Du Toit says the courts have dealt with the issue of shackles on several occasions.

They have come clear to say that it is extremely undesirable practice to bring the person in shackles because this person has a right to be treated with dignity, has a right to be receiving a fair trial.

Marius Du Toit, Attorney and Former Prosecutor

Our courts have said it is something that should be stopped and it should not be allowed. The High Court in Pretoria has gone on to say if you continue doing it, it will start of contempt of court proceedings against you for bringing people in shackles.

Marius Du Toit, Attorney and Former Prosecutor

Listen to what callers had to say...


Recommended

by NEWSROOM AI
Read More
[LISTEN] Matter of Fact: A look at the DA's manifesto

[LISTEN] Matter of Fact: A look at the DA's manifesto

Senior Researcher Kate Wilkinson joined Azania Mosaka in studio to unpack three claims made in the opposition party's manifesto.

[WATCH] Brian Temba serenades listeners on #702Unplugged

[WATCH] Brian Temba serenades listeners on #702Unplugged

Musician and songwriter Brian Temba performs live on 702 Unplugged.

How to address issues of racism with children

How to address issues of racism with children

BabyYumYum founder Amanda Rogaly gives tips on how to nurture non-racial attitudes in children.

SA second most stressed nation in the world - Here's what you can do about it

SA second most stressed nation in the world - Here's what you can do about it

Health and Performance Educator and Consultant, Richard Sutton discusses methods for de-stressing.

4th Industrial Revolution: How SA can avoid excluding an entire generation

4th Industrial Revolution: How SA can avoid excluding an entire generation

Dr Corrin Varady says government is sitting on a ticking time bomb if it doesn’t equip educators to teach for a digitised future.

Why are people upset that Duduzane Zuma was shackled? Is it because he's hot?

Why are people upset that Duduzane Zuma was shackled? Is it because he's hot?

Eusebius and callers discuss 'pretty boy' privileges and if they thought Duduzane looked hot in chains.

Popular articles
Fikile Mbalula confirms Gupta brother's phone call

Fikile Mbalula confirms Gupta brother's phone call

EWN reporter Theto Mahlakoana unpacks Fikile Mbalula's testimony at the Zondo commission of inquiry into state capture.

This mess that is Eish-kom, is the ANC's doing, says Eusebius

This mess that is Eish-kom, is the ANC's doing, says Eusebius

Eusebius McKaiser and callers discuss Ramaphosa's comment that South Africans will overcome load shedding like they did apartheid.

Meet Sandile Shabalala, CEO of black-owned and controlled TymeBank

Meet Sandile Shabalala, CEO of black-owned and controlled TymeBank

TymeBank has no branches and no monthly fees. Most transactions are free. Bruce Whitfield interviews its CEO.

[WATCH] 'We don't accept white people' says BLF registering for May elections

[WATCH] 'We don't accept white people' says BLF registering for May elections

Black First Land First (BLF) leader Andile Mngxitama made its exclusionist policy clear when registering at the IEC on Wednesday.

'I want the world to know that Mandla was using my daughter for his own gain'

'I want the world to know that Mandla was using my daughter for his own gain'

Reverend Mbongeni Simelane says it has been a difficult time for his family after the abuse of Bongekile 'Babes Wodumo' surfaced.

[VIDEO] Video allegedly showing Mampintsha beating Babes Wodumo creates outrage

[VIDEO] Video allegedly showing Mampintsha beating Babes Wodumo creates outrage

EWN reporter Kgomotso Modise in for Khabazela shares tweets and Facebook posts that have gone viral.

[WATCH] A woman gives birth...in a moving car

[WATCH] A woman gives birth...in a moving car

Khabazela shares some of the most popular tweets, posts, and videos on 'What's gone viral'.

 Motshekga to implement 'consequence management' at catastrophic schools

Motshekga to implement 'consequence management' at catastrophic schools

Basic Education Minister Angie Motshekga has called South Africa's education system a "national catastrophe" and a "crisis".