The City of Johannesburg has launched an investigation into a video circulating on social media of a woman being restrained by a Johannesburg Metropolitan Police Department (JMPD) officer while another person, purported to be a nurse, appears to prepare to draw blood from the resident.
MMC for Public Safety Michael Sun said the City has started an investigation to find out what led to the incident.
“The City, on noting this incident, has already commenced an internal investigation into the events leading up to the incident as well as to determine whether the appropriate use of force was used by law enforcement officials. If anyone is found guilty of any wrongdoing, they will face appropriate and swift disciplinary action,” said Sun.
The MMC said the individual had allegedly failed a breathalyzer test necessitating Metro police to arrest and take her to the Douglasdale Police Station, north of Johannesburg for further processing.
Sun said in a statement, “It is critical to note that the law does permit a police officer to physically restrain a person who refuses to provide a blood sample for law enforcement purposes.”
However, Jean Berdou of Future City Fourways has warned motorists against the danger and legal consequences of drinking and driving.
“The exact circumstances of this case and what led to the testing are being investigated after Future City Fourways (FCF) queried the conduct of officials in this matter with the MMC Michael Sun and SAPS Douglasdale,” said Berdou in a Facebook post.
“Section 65(9) of the National Road Traffic Act authorises the taking of a blood sample even absent consent but the arrested person can insist that their doctor be present and is entitled to demand that proof be shown of use of a sealed syringe and needle. Only a district surgeon, or registered nurse or medical practitioner may take a blood sample. Bail may be set by a station commander.”
INFOGRAPHIC: Drinking and driving – Know the law