Now for orgy of legal claims: lawyers help businesses take on the state

As volunteers have taken to the streets to help rebuild after last week’s riots, lawyers have stepped up to aid businesses to lodge claims.

Tony Mathe, from Marweshe Attorneys Inc, and his associates are helping business owners seek compensation from the state for their losses.

Mathe said that it would be done at no cost.

It’s a huge collective loss. I feel affected because it’s my country and there is a general feeling of loss.

—  Kerusha Kylie Govender

“We have been approached, so far, by a number of business owners who have suffered losses in Soweto, Vosloorus and Pietermaritzburg. We are still receiving enquiries and requests to assist in claiming against the state,” he said.

He said it was undisputed that the state failed in its constitutional obligations to safeguard the businesses that were looted.

“The failure has been conceded by Mr Ramaphosa in his media remarks already. Thus we are receiving instruction to launch a court application seeking compensation for all the businesses that have suffered. We, however, call for calm and an end to the violent retaliation and invite business owners to contact us for a peaceful and effective legal relief.”

Kerusha Kylie Govender, 31, from Labourinfo, a legal service consulting company specialising in labour and commercial work, has also called on small businesses in need of free advice to approach her for assistance.

“It’s a tough time for everyone and more than donating to the Gift of the Givers and some other charities, I realised that my skills could come to the aid of some of the people who needed it and just couldn’t afford to pay for it,” she said.

She said she had so far been approached by a few people including workers and people who were volunteering to clean.

“Two or three people reached out to me, but it was with regards to criminal matters. They were trying to clean up, they were volunteers and they got arrested because they were said to be breaking Covid-19 laws. I had to hand it to another colleague because I don’t specialise in criminal matters,” she said.

Govender said the losses from the riots affected everyone.

“We all felt that kind of loss. It’s a huge collective loss. I feel affected because it’s my country and there is a general feeling of loss. I am not going to put the post down; it can stay there and go to people.

“A lot of our businesses in this time were somehow affected, whether they were directly affected in the fact that they had to close for several days or affected in that their staff couldn’t come to work. I thought that obviously if this is the case with our clients, then this is the case across the country and thus the offer to work, help or advise for free.”

DA shadow minister of justice adv Glynnis Breytenbach said the party had drafted a letter of demand template to police minister Bheki Cele and President Cyril Ramaphosa to be used by individuals who have suffered loss and damage due to the “inactions of the SAPS” during the riots.

“Members of the public can use this template to claim damages from SAPS in terms of section 3 of the Institution of Legal Proceedings Against Certain Organs of State, Act 40 of 2002 for businesses that have been destroyed and products that have been looted because the police ultimately failed in their constitutional mandate to protect businesses from the damage caused by looters,” said Breytenbach.

Breytenbach said the police failed to act in a timely manner to indications of the looters’ intent to bring SA to its knees. The DA has urged the public to complete the letter and submit it to SAPS and the president.