The legal team representing the #BlueLightMafia eight has opted to try and escape prosecution by bringing a Section 174 application to discharge the accused due to insufficient evidence after all of their other strategies failed. Action Society views this as a futile effort to avoid accountability. The application will be heard on 12 August, with judgment on the application expected on 21 August. If the application is unsuccessful, the case will continue.
Section 174 of the Criminal Procedure Act allows a court to discharge an accused at the close of the state’s case, without requiring them to testify, if the court finds the evidence insufficient to proceed. This move, despite the existence of undisputed video evidence, raises serious concerns about accountability for police brutality.
“The defence is trying to argue that the state has not presented enough evidence to proceed. But the facts are plain to see. The defence’s conduct in court over the past two days has been farcical – an effort to obscure a crime that South Africans witnessed in broad daylight. These men are guilty, and this latest strategy reeks of desperation,” said Action Society spokesperson Juanita du Preez.
Although SAPS’ internal disciplinary process dismissed the video footage, the criminal court accepted it as valid and uncontested. The Occurrence Book entries from the VIP unit differ significantly from what the video clearly shows: officers using excessive force on unarmed, compliant civilians. It is telling that no officer questioned the recording at the time – yet now they attempt to challenge its accuracy.
“These ploys are unacceptable, and we demand swift, decisive justice. Their uniforms do not entitle them to brutalise the public. Their actions were not only unlawful – they were an outright betrayal of the public trust,” du Preez added.
Earlier this month, Action Society condemned the outcome of the internal SAPS disciplinary process, which acquitted the officers despite clear visual evidence. Now, the Section 174 application represents yet another attempt to evade accountability and obstruct the course of justice.
