Fireworks possession not illegal, court told

THE police could not arrest people for being in possession of flares and fireworks the night a woman was struck in the neck by a flare, the Western Cape High Court was told yesterday.

Fireworks were not illegal and people found carrying them were within their rights, the court heard.

Merle Douries, 33, is suing Minister of Police Nathi Nhleko for nearly R750 000 after an incident at Langebaan beach on New Year’s Eve in 2008.

Her legal representative, advocate Henco de la Rey, has argued that police failed to protect revellers. Community policing forum (CPF) chairman Jacobus Kotze testified that it would have been difficult for police to have foreseen who would launch flares.

Ranjan Jaga SC, for Nhleko, put it to Kotze that at a CPF meeting before New Year’s Eve, the use of flares by the public was not on the agenda. Kotze agreed.

The police could not arrest anyone for being in possession of flares, Jaga said.

Station commander at the time, Captain Zanoxolo Booi testified that four policemen, one neighbourhood watch member and one police reservist were on duty that night.

Arguments are expected tomorrow.