on right side of law but arrested

By Nthateng Mhlambiso (BTM Senior Reporter)

November 24, 2006: Public indecency as by-law took new turns last week Friday as 14 gay men were apprehended.

This by-law came under spotlight in South Africa when police in Tshwane raided a club and arrested the men who are accused under the same by-law for allegedly partying naked.

The accused appeared at the Hatfield Community court on 21 November and charged with Public Indecency, which raises sexual misconduct.

The South African Police Services (SAPS) and the Metro Police dog unit claim they did the right thing by arresting them because the Camp David Bar is a public place.

But Danie Hamman – the bar owner, guarantees that his bar is strictly private and open only for its members. And according to legal experts interviewed by Behind The Mask, one can be charged with Public Indecency if a club or bar is open for and accessed by the public. But if it’s open for ‘members only’ then that couldn’t be linked to the by-law.

“I see this as anti-gay because my bar is written on the door that it’s strictly private. I think I have been targeted by the police as a gay owner”, Hamman outcried. He also mentioned that the warrant was meant for roadblocks and crimes in the streets not for his bar.

 “The people are not committing any crime in my bar”, he continued. He also said that it’s not the first time police raided his bar. “This is the third time in six weeks.”

Hamman is very angry at the police and promises to take them to court on Monday 27 November 2006 for breaking doors and smirching his name.

On the contrary, police are adamant that it was Public Indecency. “It is Public Indecency because they were naked in a public place (which) is not a private club,” Inspector Anton Breedt explains. He further explains that “if the owner sells liquor and accepts entry fees from people, that makes it a public place.” He added that police confiscated pornographic material and drugs from the bar, for which Hamman denies.

The 14 men were released on Saturday 16 November and the case was postponed to 18 January next year.