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News Date: 25 August 2006
A famous pastor and gospel singer was supposed to spend the night in a church conference with members of his congregation, but he ended up sleeping in police cells, as a result of what he calls police inefficiency.
Now, Pastor Burning Saul Nephawe of the Makonde United African Apostolic Church is threatening to take legal action against police, because he claims he was unlawfully arrested and charged.
Nephawe, who says he has never tasted a drop of alcohol, claims an allegedly intoxicated driver hit his car on Saturday evening. “Surprisingly, the police officer who came to the scene arrested both of us and said we were both drunk. We were both charged with reckless and negligent driving. As always, I had my Bible in my car and was only longing for a prayer. The alleged drunken driver was the suspect in the case and I was the complainant.”
Nephawe, who is now out on R200 bail, explained how his nightmare started: “I was driving on the Donald Fraser – Matatshe Road with my wife and two kids. I was travelling at a very low speed when a driver in a white Jetta suddenly came straight into my lane. I tried to avoid him but he hit my car, an Opel Kaddet, on the right hand side. Both my right doors and front wheel were damaged during the incident. Luckily, no one was injured.”
Nephawe said on the police’s arrival, he understood that the other driver would be arrested, while he would be warned for a court date. But things did not go the way he thought. “The police officer said I was not allowed to air my grievances as I told him that I didn’t deserve to be arrested because I was wronged. We were both bungled into a police van and taken to the Thohoyandou SAPS. Alcohol tests were done at Donald Fraser Hospital, but the results were not available immediately.”
The pastor says he engaged in a one-man hunger strike while he was in police cells. “I did not eat their food because I believe I did not deserve to be there. I never slept the whole night, asking God why it had happened that way. I am a man of the cloth and not a criminal. My only place is the church, not the police cells.”
After spending the night in the police cells, Pastor Nephawe said both the drivers were summoned and charged at 13:00 the following day. Bail was fixed at R200.
Nephawe says the incident has disturbed him and he has now lost hope in the local police. “I believed the police were going to protect me, but I ended up being a victim also. However, I will not rest until the matter is resolved to my satisfaction. I am still consulting with my lawyers before I take any action.”
Captain Mashudu Malelo of the Vhembe Police says it depends on the discretion of the police officer on duty to arrest both drivers if he believes they are both drunk. He said only a blood test could determine who is drunk. However, he advised the pastor to come forward and lodge a formal complaint if he believes he was treated wrongly by the police.

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