A Durban father who is charged with operating a brothel has launched an urgent high court application against the police and social workers, demanding that his 11-year-old daughter be returned to him.
The businessman, who cannot be named to protect the identity of his child, said in court papers that he had not seen his daughter since she was removed from his care after a police raid at his Musgrave property last month.
He has brought the application against the ministers of police and social development, Berea police officers and a youth centre.
The man said if the court felt that his daughter should not be returned to him, she should be placed in the care of their family doctor pending any investigations the respondents wanted to undertake.
The application is being opposed by the minister of police and the police officers.
On Friday, when the case came before Judge Sharmaine Balton, she confirmed a consent order allowing the man weekly access to his daughter, supervised by a social worker.
He was ordered to hand over his daughter’s clothes, stationery and school items to the youth centre where his child is now residing.
The father said in his affidavit that on February 20, officers barged into his home, questioned him about running a brothel and then took his daughter away.
He said he was detained at the Berea police station and was falsely charged with operating a brothel.
“I have never been in any trouble with the police and I am a law-abiding person who is simply attempting to earn a living by operating a bed and breakfast in order to support my family,” he said.
He claimed that after more than two hours of interrogation by police officers, he was coerced into paying an admission of guilt fine of R1 000.
“I was told repeatedly that if I wanted to leave the police station and see my daughter, I should pay an admission of guilt fine or I would go to jail for a long time.”
He said that he had not seen his daughter since his arrest despite sending letters to a social worker, the police and the youth centre, where his child was placed.
He said that the police had acted irregularly during their investigation.
“They raided my home without a warrant. They did not have a reason to suspect that I was involved in any illegal activities and they proferred false charges against me.”
False
He claimed that police also forced his daughter’s carer and her friend to make false statements against him.
He said the police and social workers had no evidence that he had mistreated his daughter.
“While in my custody, my daughter was well taken care of and short of nothing. As a single parent I provided her with a good home, education and medical care. There is no reason for the respondents to protect my daughter from me.”
He said that his daughter was a sensitive child and would be upset by being removed from her home.
“She is emotionally vulnerable and must be terrified in her new environment.”
The case was adjourned to later this month and costs were reserved.
