The rule of Law in Africa!
One of the joys of been an expat in Africa is the fact that you are a visitor here, and for some strange reason – according to the local police force – not subject to the same laws that keep the local community on track!
This fact was bought home to me this week when I was visited by a posse of local officials in what I call “the case of the expensive vehicle”
As a background, while I was having regular nookie down South, one of our expat subbies found himself with not much work to do and a desire to go to the beach. As all our vehicles were locked away, he made a plan (as expats do) and hired a vehicle from one of our local populace.
True to form on the way back the vehicle “fell off the road” and rolled. Present one buggered vehicle.
The local lad decided his vehicle was worth R100.000, which when one looks at the cost of a 1988 Pajero with more then 400.000 miles on the clock, was considered excessive.
Enter me – and a visit from the owner (and his brother – for moral support I assume). It transpired that there was no hire contract (private job) and they did have insurance. Aha! In my book, that is problem solved. They claim from the insurance and the driver is responsible for the excess and everyone goes away.
However there is one catch! The insurance company pays what the car is worth (in this case around R20.000) and why bother with claiming from insurance when you can find a stupid expat who can be forced to pay R100.000.
It is apparent in my previous entries that I do not appreciate it when people try and rip me off. Then my little temper man pops up his ugly head and if you are in my immediate vicinity…. Beware!
The lads were duly requested to vacate the premises, and this they did with warnings that the matter was not closed!
Therefore I was not in anyway surprised two days later to be told that the local police were at the gate looking for me.
In walks in the local posse that I spoke of earlier. This consisted of:
• Two uniformed lads, one carrying a rather battered AK 47 over his shoulder
• Two plain clothed detectives
• The Owner
• Some guy who was apparently the owners lawyer
• The spokesman – never did quite work out what he was
• Our security supervisor.
No you know my office is not the biggest in the world, and I have two chairs for visitors, which meant that everyone besides the one detective and the spokesman stood and tried to make their points throughout the meeting.
I was very tempted to toss the lad with the AK out the office, but in the interests of been nice I decided to let it ride and see what happens.
It turned out that the crew were charged with arresting me for “car theft” as the vehicle was on our premises. When I laughed and pointed out that I was not in the country when the car was bought here, and that it was bought here at the insistence of the owner, they kinda looked a tad confused. Finally between the owner and our security lad, the owner admitted that he knew we took the vehicle here and based on the meeting we had two days before, he had requested that we kept the vehicle here.
Strike 1
After much digging in a file, out came a warrant of arrest for the expat. It was one of these pre-printed forms with a couple of things typed in. The charge? “breach of contract”
Again a chuckle, and when reminded that in my limited experience breach of contract is a civil and not a criminal matter, I was greeted by a stunned silence. A little more noticeable given the 9 people all making a point at the same time syndrome.
Finally they decided that the warrant was for “Failing to Report an Accident”. Again stunned silence met me when I asked what the fine was for failing to report an accident. Making the point that I doubt very much if people get arrested for failing to report an accident was met by further discussion.
Strike 2
When they were advised that the expat was actually in SA as his job was complete, the lads dissolved into utter confusion.
Strike 3 - you out
Promising to assist them in their investigations, our friends were requested to put any concerns in writing to me and I will respond the same way. They were then nicely asked to leave as I considered this meeting over.
It does grind the hell out of me when stuff like this happens! I try to understand what goes through the other persons mind when they do things, and the best that I could come up with in this instance was they decided with a show of force (the odd gun and form letter warrant of arrest) that suddenly R100.000 was going to appear from my bottom desk drawer and they would be able to happily march off into the sunset singing praises to the money god and share it out.
If that was the case – I feel very sorry for the lad. What then grinds me is the use of the local police to back them up. And the fact that the cops led the whole indaba makes me shake my head at the level of corruption that exists here.
The fact that because he was an expat, they believed that they could do this stuff and scare him into paying the money to avoid been locked up bugs me.
The fact that I am living in a country that can lock you up at a moments notice is not a new thing, but at least in the other country’s the rule of law still existed, even if it was slightly off centre. Here they come and do their thing and you end up been with bubba in the local lock up with very little recourse. It sucks!
Africa needs to sort out it’s act methinks!
This fact was bought home to me this week when I was visited by a posse of local officials in what I call “the case of the expensive vehicle”
As a background, while I was having regular nookie down South, one of our expat subbies found himself with not much work to do and a desire to go to the beach. As all our vehicles were locked away, he made a plan (as expats do) and hired a vehicle from one of our local populace.
True to form on the way back the vehicle “fell off the road” and rolled. Present one buggered vehicle.
The local lad decided his vehicle was worth R100.000, which when one looks at the cost of a 1988 Pajero with more then 400.000 miles on the clock, was considered excessive.
Enter me – and a visit from the owner (and his brother – for moral support I assume). It transpired that there was no hire contract (private job) and they did have insurance. Aha! In my book, that is problem solved. They claim from the insurance and the driver is responsible for the excess and everyone goes away.
However there is one catch! The insurance company pays what the car is worth (in this case around R20.000) and why bother with claiming from insurance when you can find a stupid expat who can be forced to pay R100.000.
It is apparent in my previous entries that I do not appreciate it when people try and rip me off. Then my little temper man pops up his ugly head and if you are in my immediate vicinity…. Beware!
The lads were duly requested to vacate the premises, and this they did with warnings that the matter was not closed!
Therefore I was not in anyway surprised two days later to be told that the local police were at the gate looking for me.
In walks in the local posse that I spoke of earlier. This consisted of:
• Two uniformed lads, one carrying a rather battered AK 47 over his shoulder
• Two plain clothed detectives
• The Owner
• Some guy who was apparently the owners lawyer
• The spokesman – never did quite work out what he was
• Our security supervisor.
No you know my office is not the biggest in the world, and I have two chairs for visitors, which meant that everyone besides the one detective and the spokesman stood and tried to make their points throughout the meeting.
I was very tempted to toss the lad with the AK out the office, but in the interests of been nice I decided to let it ride and see what happens.
It turned out that the crew were charged with arresting me for “car theft” as the vehicle was on our premises. When I laughed and pointed out that I was not in the country when the car was bought here, and that it was bought here at the insistence of the owner, they kinda looked a tad confused. Finally between the owner and our security lad, the owner admitted that he knew we took the vehicle here and based on the meeting we had two days before, he had requested that we kept the vehicle here.
Strike 1
After much digging in a file, out came a warrant of arrest for the expat. It was one of these pre-printed forms with a couple of things typed in. The charge? “breach of contract”
Again a chuckle, and when reminded that in my limited experience breach of contract is a civil and not a criminal matter, I was greeted by a stunned silence. A little more noticeable given the 9 people all making a point at the same time syndrome.
Finally they decided that the warrant was for “Failing to Report an Accident”. Again stunned silence met me when I asked what the fine was for failing to report an accident. Making the point that I doubt very much if people get arrested for failing to report an accident was met by further discussion.
Strike 2
When they were advised that the expat was actually in SA as his job was complete, the lads dissolved into utter confusion.
Strike 3 - you out
Promising to assist them in their investigations, our friends were requested to put any concerns in writing to me and I will respond the same way. They were then nicely asked to leave as I considered this meeting over.
It does grind the hell out of me when stuff like this happens! I try to understand what goes through the other persons mind when they do things, and the best that I could come up with in this instance was they decided with a show of force (the odd gun and form letter warrant of arrest) that suddenly R100.000 was going to appear from my bottom desk drawer and they would be able to happily march off into the sunset singing praises to the money god and share it out.
If that was the case – I feel very sorry for the lad. What then grinds me is the use of the local police to back them up. And the fact that the cops led the whole indaba makes me shake my head at the level of corruption that exists here.
The fact that because he was an expat, they believed that they could do this stuff and scare him into paying the money to avoid been locked up bugs me.
The fact that I am living in a country that can lock you up at a moments notice is not a new thing, but at least in the other country’s the rule of law still existed, even if it was slightly off centre. Here they come and do their thing and you end up been with bubba in the local lock up with very little recourse. It sucks!
Africa needs to sort out it’s act methinks!
1 Comments:
welll, taking into account that the head of the "oil for food" program in iraq, is a member of the UN, is now accused of giving the contracts to a close friend. You guessed it, the guy is african ....
Post a Comment
<< Home