Two individuals arrested in connection with a violent assault on a car guard at the Ebuhlanti Marina Glen in East London have been released on warning, police confirmed. The pair were processed and freed on New Year’s Day.
The incident, which occurred earlier this week, came to public attention after a video clip circulated widely on social media. The footage shows motorists kicking the car guard to the ground after he allegedly asked them to move their vehicle.
The suspects are scheduled to appear in the East London Magistrate’s Court next Wednesday to face charges of common assault. Police spokesperson confirmed that the investigation remains active and that further arrests are possible.
The viral video has ignited a broader public debate about the power of social media to hold individuals accountable for wrongdoing, especially during the festive season.
Legal Expert Weighs In on Social Media’s Double-Edged Sword
In a discussion prompted by the incident, Verlie Oosthuizen, head of social media law at Shepstone & Wylie Attorneys, highlighted the growing trend in South Africa where citizens record and upload acts of misconduct, often leading to public outcry and police involvement.
“People need to take into account… they have their phones, the phones have cameras, and people are not afraid to upload things,” Oosthuizen stated. She cautioned that once content is online, the original poster loses all control over its dissemination.
While acknowledging the utility of such footage in cases like the Marina Glen attack, Oosthuizen warned of significant downsides, including vigilantism, reputational damage, and the potential for “huge drama and hardship.” She cited another recent example of a video showing underage drinking on Christmas Day that also gained traction online.
Evidentiary Concerns and “Trial by Social Media”
A key concern raised by Oosthuizen is the proper handling of such videos as legal evidence. She advised that footage should first be taken directly to the police to ensure a proper chain of custody. “If law enforcement is going to social media rather than to the person who actually took the video, then there might be evidentiary concerns,” she explained.
In a criminal case, where guilt must be proven beyond a reasonable doubt, a defense could argue that digital footage was manipulated or misrepresents those involved. “It’s not a slam dunk that a video like this is going to… convict them,” Oosthuizen noted.
She strongly cautioned against “trial by social media,” emphasizing that online platforms are not courts of law or police forces. While viral exposure can cause massive reputational damage, it does not deliver legally appropriate consequences and can undermine proper judicial processes.
Legal Boundaries of Filming and Workplace Discipline
Oosthuizen also addressed the legal boundaries of filming individuals, noting that indiscriminately recording people can infringe on privacy rights protected by laws like the Protection of Personal Information Act (POPIA). She reiterated that the safest and most legally sound course of action is to provide footage directly to authorities.
Shifting to workplace implications, Oosthuizen warned that employees could face disciplinary action upon returning to work for inappropriate behavior posted on social media while on leave. “If people can easily link you to your company and you have behaved in some way that’s unsavory, you will be bringing that company into disrepute,” she said, advising companies to implement clear social media policies.
A Balance of Rights and Responsibilities
In assessing South Africa’s legal landscape, Oosthuizen described the country’s approach as a necessary balance. While constitutional rights to freedom of expression are clear, existing common law on defamation, privacy, and hate speech still applies online.
“You don’t need to have a particular regulation that is saying what you can or cannot do on social media. You can use the usual laws… to protect your rights,” she said, warning that over-regulation could lead to a “slippery slope” of censorship.
The attack at eBuhlanti Marina Glen has therefore served as a stark case study, highlighting both the potent force of social media as a tool for public accountability and the complex legal and ethical responsibilities that accompany its use.