Nightclub owner takes police to court

LEKOPANYE MOOKETSI
Correspondent | Thursday March 24, 2011 00:00

 

Venolia Shahanaz Sobhan is also seeking the court's intervention in the return of stock and other items confiscated by the police. The police allegedly confiscated beverages, two refrigerators and music equipment from a Gabane restaurant owned by Sobhan.

The applicant, who is represented by Gaborone lawyer Thamasanqa Silitshena, also wants the police to be restrained from entering their business premises during the stipulated operating hours.  In his founding affidavit, one of the directors of the business, Mohammed Sobhan said sometime in 2006, his wife started operating a nightclub in Gabane.

Sobhan said in 2009, they also opened a restaurant and bar adjacent to the nightclub.  He claimed that the restaurant is licenced to operate 24 hours a day. He said ever since they commenced trading, they have been harassed by the police, who demand to see their trading licence.

He maintains that they have never been fined for violating any terms and conditions of their licences. However in the past, they have received warnings for closing the nightclub later than the stipulated time.

Sobhan said on March 4, he received a call from his manager informing him that the police had raided their premises and they were just about to load the stock kept in the storeroom.  Sobhan drove to Gabane only to be told that the police had loaded all the stock including two refrigerators and music equipment.

Sobhan claims that the music equipment confiscated by the police is worth P50,000. Sobhan said when he got to Mogoditshane Police Station he found his stock packed in a room.  'From my extensive experience in this business the stock held therein could easily have been plus or minus P100,000.  When I asked my manager if they had taken note of the stock seized, my manager replied in the negative,' he said.

Sobhan said he pleaded with the station commander to return his stock.  'He refused to address my problem and reminded me that I had been warned five times before, but with due respect, these warnings were in respect to the nightclub and not the restaurant.  We were not able to resolve the problem despite numerous pleas the following week to have our stock and equipment returned,' the businessman stated.

Sobhan said on March 12, a batallion of Special Support Group (SSG) members raided his business premises again. Sobhan said the police ordered patrons out of the restaurant even though no alcoholic beverages were being sold. 

'This action by the police resulted in a lot of food which had already been ordered by patrons and was being prepared, go to waste, not to mention the economic loss to the organisation.  We have invested over half a million Pula because of the restaurant, knowing that the business will operate 24 hours.  The restaurant is the biggest income generator in our enterprise largely due to the fact that it is the only place where people can find food at anytime, 24 hours a day,' he said.

Sobhan added that it was the unruly conduct of the police that has led him to apply for a restraining order. He said since their stock was confiscated, all amicable means of solving the matter have failed.  'I am reliably informed where the stock is being kept at the Mogoditshane Police Station, it is not secure as a result there is a great amount of shrinkage.  Should this situation be allowed to continue, there may be no stock to return,' he said.

In his supporting affidavit, the manager of the business, Kaizer Leepile said when the police raided the restaurant, they confronted him about playing a certain type of music.  He told the police that there was nothing wrong with playing that type of music. 

He said the police accused him of playing the music at high volume and causing a nuisance. Leepile said the police accompanied him to the storeroom where they started confiscating lager. 'I vigorously protested to the police that they could not take our company property in the manner in which they were doing.  One of the police officers in reply threatened to arrest me if I attempted to resist their commands.

I was at the same time very scared because there were in total nine to 10 security enforcement officers, who included heavily armed personnel.  I pleaded with the police not to take the musical instruments because some of them did not belong to us but my pleas landed on deaf ears,' he said. A date of hearing has not been set for the matter yet.