National director of Public Prosecutions (NDPP), Mxolisi Nxasana, says a perception is being created that the police are trying to protect his deputy, Nomgcobo Jiba, from prosecution. Nxasana addressed the media at a press conference on Friday morning.
This week, a senior police official served a summons on Jiba related to an investigation into her conduct. But Jiba was not there to receive the summons, which Nxasana tried to deliver to her.
The police denied that the summons was issued, saying their case was not ready to go to court. “It is our view that the NPA, who are also complainants in the matter, jumped the gun when they issued a summons against advocate Jiba,” said SAPS spokesperson Lieutenant-General Solomon Makgale on Wednesday.
Nxasana was asked on Friday if he believed the police were trying to protect Jiba. “I don’t believe that she’s protected. But a perception is created, and it’s unavoidable, that she’s being protected at all costs,” Nxasana said.
Prosecution
He said the idea that a matter could only proceed to court once the investigation was complete was not true. “Matters in court, although I’m not condoning it, are enrolled and they get postponed time and time again, for further investigation. Therefore any suggestion that the matter can only be enrolled once its been investigated is misleading. It’s the responsibility of the investigating officer to make a decision as to whether the matter could be prosecuted,” Nxasana said.
He accused the police of “assuming the role of defence”. Nxasana said Jiba “knows her rights”, and if she felt that the summons issued against her was false, that he hoped charges would be laid and those responsible would be brought to book.
‘Very strange’ saga
Nxasana said the idea that Jiba was “awol” this week did not emanate from the National Prosecuting Authority (NPA). He said that on the morning the summons was issued, he had tried to contact her in an unrelated matter, but she was not at work. But this did not mean she was “absent without leave”. On the whole, Nxasana said he found the entire saga “very strange”.
“I was hoping that the police as our partners would tell us if they are ready to prosecute this matter. The police have now assumed the role of being the defence.
“I can only hope that after all this – the impression created is that the police were merely instructed by the prosecutor to take the summons – that if the conduct of the prosecutor (in Jiba’s matter) is found wanting, which I strongly deny, he’ll have also to face the might of the law.
“And if the police officers and others acted (involved in the investigation into Jiba) unlawfully I expect stern actions be taken against them.”
Summons
Questions still remain about who was responsible for delivering the summons to Jiba. Nxasana said, “I attempted to serve the summons upon her. But my understanding of the law is that that is one of the manners to effect service upon a person. My understanding is that the summons has been served upon her. And if she doesn’t appear in court I have no doubt in my mind that the prosecutor will do what is necessary and the court will be the final arbiter.
“When she refused to accept the summons, I wrote on the summons and witness wrote what happened.
“I’m more concerned about the integrity of the NPA especially because the public looks to and expects the NPA to do its work without fear or favour of prejudice as enjoined by the Constitution,” Nxasana said. “The integrity of the NPA must remain in tact and untarnished.”
Source: Mail & Guardian
Friday, March 27, 2015
Tuesday, March 24, 2015
McBride suspended
Independent Police Investigative Directorate (IPID) head Robert McBride has been suspended, eNCA reported on Tuesday.
On Wednesday last week, an urgent interdict sought by McBride to prevent his suspension from IPID was struck off the roll in the North Gauteng High Court in Pretoria.
"The facts do not support the relief sought, nor the applicable legal considerations. It is accordingly struck off the roll," Judge Hans Fabricius said in his written judgment.
Police Minister Nathi Nhleko had opposed McBride's application.
McBride had received a letter from Nhleko, asking him to make submissions about why he should not be suspended.
Source: News24
On Wednesday last week, an urgent interdict sought by McBride to prevent his suspension from IPID was struck off the roll in the North Gauteng High Court in Pretoria.
"The facts do not support the relief sought, nor the applicable legal considerations. It is accordingly struck off the roll," Judge Hans Fabricius said in his written judgment.
Police Minister Nathi Nhleko had opposed McBride's application.
McBride had received a letter from Nhleko, asking him to make submissions about why he should not be suspended.
Source: News24
Wednesday, March 18, 2015
DR Congo: Mass Arrests of Activists
The arrest of at least 26 activists and others in Kinshasa on March 15, 2015, raises serious concerns of a broader crackdown on free expression before the 2016 Democratic Republic of Congo presidential elections, Human Rights Watch said today.
The arrests, including of foreign journalists and a United States diplomat, followed a news conference by the pro-democracy youth movement Filimbi, organized with support from the US embassy in Kinshasa.
On March 17, 2015, the authorities arrested and roughed up at least 10 Congolese activists in the eastern city of Goma during a peaceful protest outside the office of Congo’s National Intelligence Agency (Agence Nationale de Renseignements, ANR), calling for the release of those arrested in Kinshasa. ANR agents beat a Belgian woman bystander who was later hospitalized, and briefly detained a Belgian journalist.
“The Congolese government’s detention of pro-democracy activists is the latest alarming sign of a crackdown on peaceful protest ahead of next year’s presidential elections,” said Ida Sawyer, senior Africa researcher at Human Rights Watch. “Congolese authorities should immediately release those detained if they haven’t been charged with a credible offense and ensure access to their lawyers and families.”
Human Rights Watch called on United Nations Security Council members, who are due to discuss the situation in Congo on March 19, to publicly press Congolese authorities to immediately release all those detained for their peaceful activities and speech.
Among those arrested on March 15 were Congolese activists, musicians, journalists, technicians, and bystanders; youth leaders and activists from Senegal and Burkina Faso; a US diplomat; two French journalists; and the French director of a production company. The US and French citizens and two Congolese were released after several hours. The others remain detained, possibly by the intelligence agency. They have not been brought before a judge, officially charged with offenses, or had access to their lawyers or families, raising concerns for their safety.
Following the news conference at the Eloko Makasi music studio, men in military police uniform arrived at about 4 p.m. and began arresting people. Witnesses said that the officers at first targeted foreigners. They then began arresting Congolese as well, including those who were preparing the concert stage, and bystanders. The security forces were very rough with several Congolese and West Africans, witnesses said, banging the head of a Senegalese activist against the door of a pickup truck and beating others.
The security forces also took computers and other documents and materials from the hall and destroyed banners.
The military police drove those arrested away in at least three unmarked, white pickup trucks. The US and French citizens were taken to the headquarters of the ANR in Kinshasa, where they were interrogated by senior intelligence officials, then released after several hours. It is not known where the Congolese, Senegalese, and Burkinabe citizens are being detained.
Communications Minister Lambert Mende told journalists that the activists from Senegal and Burkina Faso were “promoting violence through a form of training … coaching of certain youth groups close to a certain opposition to use violent means against other groups or against the institutions of the republic.”
Several Congolese pro-democracy organizations had organized a workshop to introduce Filimbi (“whistle” in Swahili), a new Congolese youth movement. The workshop’s objectives were to promote civic engagement and youth mobilization, and to discuss how Congolese youth can organize in a peaceful and responsible manner to fulfill their duties as citizens.
Youth leaders and activists from Senegal and Burkina Faso came to Kinshasa for the workshop to share their experiences. The Senegalese were members of Y’en a Marre, a group involved in protests against former President Abdoulaye Wade’s controversial bid for a third term in 2012. Those from Burkina Faso were part of Balai Citoyen, a group that participated in protests against former President Blaise Compaoré’s attempt to change the constitution to extend his 27-year term.
“Y’en a Marre and Balai Citoyen are well respected organizations that have worked to promote responsible, civic engagement by youth in West Africa,” Sawyer said. “They came to Kinshasa to share their experiences with Congolese youth, including the importance of peaceful means for youth to engage in the political process.”
Filimbi worked in partnership with Eloko Makasi, a socially conscious music and video production company based in Kinshasa’s Masina neighborhood. Musicians who participated in the workshop went to the Eloko Makasi studio on March 14, 2015, to create a song based on what was discussed at the workshop to encourage Congolese youth to be involved in the democratic process and to promote a free, transparent, and peaceful electoral process.
In a March 16 statement, the US embassy in Kinshasa said the Filimbi workshop was one of many activities the US government supports that involve youth and civil society. “These well-known, well-regarded, non-partisan youth groups as well as the organizers of the weekend’s events intended to promote Congolese youth participation in the political process and encourage young people to express their views about issues of concern to them,” the statement said. “DRC government officials and ruling coalition parties were invited to and some were present during the event.”
Under Congo’s constitution, presidents may serve only two consecutive terms. President Joseph Kabila’s second term ends in 2016. While presidential elections are not scheduled until November 2016, political tensions have been rising across the country. In January 2015, at least 40 people were killed when security forces brutally repressed demonstrations in Kinshasa and other cities to protest proposed changes to Congo’s electoral law that would have delayed elections and enabled Kabila to prolong his term. Numerous political party and civil society leaders have been arrested after speaking out against proposed changes to the constitution or Congo’s electoral system.
“These latest arrests signal a worrying clampdown on freedom of expression and assembly in Congo – fundamental elements of a free, transparent, and peaceful electoral process,” Sawyer said. “Youth leaders, musicians, and activists should be able to meet, discuss, and learn without fear of arrest.”
Source: Human Rights Watch
The arrests, including of foreign journalists and a United States diplomat, followed a news conference by the pro-democracy youth movement Filimbi, organized with support from the US embassy in Kinshasa.
On March 17, 2015, the authorities arrested and roughed up at least 10 Congolese activists in the eastern city of Goma during a peaceful protest outside the office of Congo’s National Intelligence Agency (Agence Nationale de Renseignements, ANR), calling for the release of those arrested in Kinshasa. ANR agents beat a Belgian woman bystander who was later hospitalized, and briefly detained a Belgian journalist.
“The Congolese government’s detention of pro-democracy activists is the latest alarming sign of a crackdown on peaceful protest ahead of next year’s presidential elections,” said Ida Sawyer, senior Africa researcher at Human Rights Watch. “Congolese authorities should immediately release those detained if they haven’t been charged with a credible offense and ensure access to their lawyers and families.”
Human Rights Watch called on United Nations Security Council members, who are due to discuss the situation in Congo on March 19, to publicly press Congolese authorities to immediately release all those detained for their peaceful activities and speech.
Among those arrested on March 15 were Congolese activists, musicians, journalists, technicians, and bystanders; youth leaders and activists from Senegal and Burkina Faso; a US diplomat; two French journalists; and the French director of a production company. The US and French citizens and two Congolese were released after several hours. The others remain detained, possibly by the intelligence agency. They have not been brought before a judge, officially charged with offenses, or had access to their lawyers or families, raising concerns for their safety.
Following the news conference at the Eloko Makasi music studio, men in military police uniform arrived at about 4 p.m. and began arresting people. Witnesses said that the officers at first targeted foreigners. They then began arresting Congolese as well, including those who were preparing the concert stage, and bystanders. The security forces were very rough with several Congolese and West Africans, witnesses said, banging the head of a Senegalese activist against the door of a pickup truck and beating others.
The security forces also took computers and other documents and materials from the hall and destroyed banners.
The military police drove those arrested away in at least three unmarked, white pickup trucks. The US and French citizens were taken to the headquarters of the ANR in Kinshasa, where they were interrogated by senior intelligence officials, then released after several hours. It is not known where the Congolese, Senegalese, and Burkinabe citizens are being detained.
Communications Minister Lambert Mende told journalists that the activists from Senegal and Burkina Faso were “promoting violence through a form of training … coaching of certain youth groups close to a certain opposition to use violent means against other groups or against the institutions of the republic.”
Several Congolese pro-democracy organizations had organized a workshop to introduce Filimbi (“whistle” in Swahili), a new Congolese youth movement. The workshop’s objectives were to promote civic engagement and youth mobilization, and to discuss how Congolese youth can organize in a peaceful and responsible manner to fulfill their duties as citizens.
Youth leaders and activists from Senegal and Burkina Faso came to Kinshasa for the workshop to share their experiences. The Senegalese were members of Y’en a Marre, a group involved in protests against former President Abdoulaye Wade’s controversial bid for a third term in 2012. Those from Burkina Faso were part of Balai Citoyen, a group that participated in protests against former President Blaise Compaoré’s attempt to change the constitution to extend his 27-year term.
“Y’en a Marre and Balai Citoyen are well respected organizations that have worked to promote responsible, civic engagement by youth in West Africa,” Sawyer said. “They came to Kinshasa to share their experiences with Congolese youth, including the importance of peaceful means for youth to engage in the political process.”
Filimbi worked in partnership with Eloko Makasi, a socially conscious music and video production company based in Kinshasa’s Masina neighborhood. Musicians who participated in the workshop went to the Eloko Makasi studio on March 14, 2015, to create a song based on what was discussed at the workshop to encourage Congolese youth to be involved in the democratic process and to promote a free, transparent, and peaceful electoral process.
In a March 16 statement, the US embassy in Kinshasa said the Filimbi workshop was one of many activities the US government supports that involve youth and civil society. “These well-known, well-regarded, non-partisan youth groups as well as the organizers of the weekend’s events intended to promote Congolese youth participation in the political process and encourage young people to express their views about issues of concern to them,” the statement said. “DRC government officials and ruling coalition parties were invited to and some were present during the event.”
Under Congo’s constitution, presidents may serve only two consecutive terms. President Joseph Kabila’s second term ends in 2016. While presidential elections are not scheduled until November 2016, political tensions have been rising across the country. In January 2015, at least 40 people were killed when security forces brutally repressed demonstrations in Kinshasa and other cities to protest proposed changes to Congo’s electoral law that would have delayed elections and enabled Kabila to prolong his term. Numerous political party and civil society leaders have been arrested after speaking out against proposed changes to the constitution or Congo’s electoral system.
“These latest arrests signal a worrying clampdown on freedom of expression and assembly in Congo – fundamental elements of a free, transparent, and peaceful electoral process,” Sawyer said. “Youth leaders, musicians, and activists should be able to meet, discuss, and learn without fear of arrest.”
Source: Human Rights Watch
Sunday, March 15, 2015
Robert McBride accused of stealing incriminating USB stick from Hawks
Robert McBride is now the subject of a criminal investigation – over an allegation that he stole a memory stick containing evidence that could implicate himself as well as Hawks bosses Anwa Dramat and Shadrack Sibiya in unspecified “wrongdoing”.
City Press has learnt the Hawks are now investigating a case of defeating the ends of justice against the head of the Independent Police Investigative Directorate (IPID) after he personally went to the office of suspended Gauteng Hawks head Shadrack Sibiya to take possession of the memory stick that was kept in the walk-in safe.
A senior Hawks officer told City Press on Saturday they were also investigating the relationship between McBride and Sibiya following allegations they received that Sibiya helped McBride evade arrest and a blood test after he allegedly drove drunk and crashed his car after a Christmas party in 2006.
Neither McBride nor Sibiya were available for comment on this allegation on Saturday.
McBride, however, is hitting back and is investigating how acting Hawks head Mthandazo Ntlemeza came to be in possession of the IPID docket into the illegal rendition of five Zimbabweans. He is seeking legal advice on what charges to lay against Ntlemeza.
On Thursday night, McBride filed an urgent application at the North Gauteng High Court in which he asked for an interdict against Police Minister Nathi Nhleko suspending him.
Nhleko had sent him a letter on Wednesday giving him notice of his intention to suspend him.
In his affidavit in court papers, McBride said he met Nhleko and Ntlemeza in Cape Town in February and was told he had been accused of “raiding” Gauteng Hawks provincial headquarters.
'Bugging device'
Two senior sources, one from the Hawks and another from IPID, told City Press the criminal investigation to “nail” McBride was still in its early stages.
“There is an investigation that focuses on whether McBride stole the memory stick, which we believe contained incriminating evidence implicating Dramat, Sibiya and himself,” said the senior Hawks source.
The device has been handed to the State Security Agency for analysis.
However, in another affidavit, Sibiya says two colonels from the Crime Intelligence Unit arrived at his offices in Parktown asking for the device because it belonged to their then suspended boss, Lieutenant General Richard Mdluli, who wanted it back.
Sibiya, who was also suspended at the time, then asked McBride to collect it and examine its contents “to see if it was not a bugging device that was installed unlawfully to monitor my communications”.
The Hawks investigation against McBride relies on an affidavit by Sibiya’s chief administration clerk, Pearl Angel Pomuser, which says McBride and two other men arrived at the provincial headquarters and demanded the device.
McBride allegedly threatened Pomuser with criminal charges if she did not comply, and he was then given the “Data 6 line box” device.
In his letter to Pomuser, McBride said IPID was “investigating a case of systematic corruption” and needed to examine it.
Criminal charges
Last week, City Press reported that McBride faced suspension for allegedly changing the findings of a report into the roles Dramat and Sibiya played in the renditions. The differences between the draft report that implicates the two and the final version that clears them is under way by law firm Werksmans Attorneys.
The senior Hawks officer said that if McBride were found to have played a role in altering the report, he would face additional criminal charges of defeating the ends of justice.
A source within the Sandton law firm told City Press they were still analysing the reports and had asked Nhleko for another two weeks to complete their investigation, which was initially due on Friday.
“Our mandate has been extended to a month,” the source said.
In his notice of intention to suspend McBride, Nhleko accuses McBride of deliberately misleading Dramat and Sibiya by saying they had been cleared of their role in the renditions when they had not.
McBride is also accused of not informing Nhleko that there were two reports and of undermining the minister by writing to the parliamentary portfolio committee on police two weeks ago to request a special sitting to explain the differences in the reports.
Hawks spokesperson Brigadier Hangwani Mulaudzi declined to comment on Saturday, referring questions to police ministry spokesperson Musa Zondi.
Zondi confirmed Nhleko had asked McBride “in the letter whether taking the device could not be construed as tampering with evidence”.
In 2011, McBride was sentenced to two years in prison for drunken driving and an effective three years for trying to defeat the ends of justice.
He successfully appealed his conviction on both counts in 2013.
Source: News24
City Press has learnt the Hawks are now investigating a case of defeating the ends of justice against the head of the Independent Police Investigative Directorate (IPID) after he personally went to the office of suspended Gauteng Hawks head Shadrack Sibiya to take possession of the memory stick that was kept in the walk-in safe.
A senior Hawks officer told City Press on Saturday they were also investigating the relationship between McBride and Sibiya following allegations they received that Sibiya helped McBride evade arrest and a blood test after he allegedly drove drunk and crashed his car after a Christmas party in 2006.
Neither McBride nor Sibiya were available for comment on this allegation on Saturday.
McBride, however, is hitting back and is investigating how acting Hawks head Mthandazo Ntlemeza came to be in possession of the IPID docket into the illegal rendition of five Zimbabweans. He is seeking legal advice on what charges to lay against Ntlemeza.
On Thursday night, McBride filed an urgent application at the North Gauteng High Court in which he asked for an interdict against Police Minister Nathi Nhleko suspending him.
Nhleko had sent him a letter on Wednesday giving him notice of his intention to suspend him.
In his affidavit in court papers, McBride said he met Nhleko and Ntlemeza in Cape Town in February and was told he had been accused of “raiding” Gauteng Hawks provincial headquarters.
'Bugging device'
Two senior sources, one from the Hawks and another from IPID, told City Press the criminal investigation to “nail” McBride was still in its early stages.
“There is an investigation that focuses on whether McBride stole the memory stick, which we believe contained incriminating evidence implicating Dramat, Sibiya and himself,” said the senior Hawks source.
The device has been handed to the State Security Agency for analysis.
However, in another affidavit, Sibiya says two colonels from the Crime Intelligence Unit arrived at his offices in Parktown asking for the device because it belonged to their then suspended boss, Lieutenant General Richard Mdluli, who wanted it back.
Sibiya, who was also suspended at the time, then asked McBride to collect it and examine its contents “to see if it was not a bugging device that was installed unlawfully to monitor my communications”.
The Hawks investigation against McBride relies on an affidavit by Sibiya’s chief administration clerk, Pearl Angel Pomuser, which says McBride and two other men arrived at the provincial headquarters and demanded the device.
McBride allegedly threatened Pomuser with criminal charges if she did not comply, and he was then given the “Data 6 line box” device.
In his letter to Pomuser, McBride said IPID was “investigating a case of systematic corruption” and needed to examine it.
Criminal charges
Last week, City Press reported that McBride faced suspension for allegedly changing the findings of a report into the roles Dramat and Sibiya played in the renditions. The differences between the draft report that implicates the two and the final version that clears them is under way by law firm Werksmans Attorneys.
The senior Hawks officer said that if McBride were found to have played a role in altering the report, he would face additional criminal charges of defeating the ends of justice.
A source within the Sandton law firm told City Press they were still analysing the reports and had asked Nhleko for another two weeks to complete their investigation, which was initially due on Friday.
“Our mandate has been extended to a month,” the source said.
In his notice of intention to suspend McBride, Nhleko accuses McBride of deliberately misleading Dramat and Sibiya by saying they had been cleared of their role in the renditions when they had not.
McBride is also accused of not informing Nhleko that there were two reports and of undermining the minister by writing to the parliamentary portfolio committee on police two weeks ago to request a special sitting to explain the differences in the reports.
Hawks spokesperson Brigadier Hangwani Mulaudzi declined to comment on Saturday, referring questions to police ministry spokesperson Musa Zondi.
Zondi confirmed Nhleko had asked McBride “in the letter whether taking the device could not be construed as tampering with evidence”.
In 2011, McBride was sentenced to two years in prison for drunken driving and an effective three years for trying to defeat the ends of justice.
He successfully appealed his conviction on both counts in 2013.
Source: News24
Sunday, March 8, 2015
Police Minister launches investigation into Robert McBride
Police Minister Nkosinathi Nhleko has launched an investigation into Independent Police Investigative Directorate (Ipid) Head Robert McBride’s handling of the case involving senior Hawks officials and their role in the rendition of Zimababweans in 2010.
It’s understood Ipid filed conflicting reports on the case.
The City Press is reporting Nhleko has accused McBride of changing the findings on the report allegedly in an attempt to protect the Hawks bosses.
The police ministry has also confirmed that Nhleko called the IPID boss asking to explain why there were differences in the two IPID reports.
Spokesperson Musa Zondi, “The minister has asked Werksmans Attourneys to look into both reports and come back to us as soon as possible and tell us when exactly these reports were changed and what the reasons were.”
Weekend reports suggest McBride could soon be joining Hawks boss Anwa Dramat and Shadrack Sibiya on suspension, in the wake of the illegal rendition of five Zimbabweans from Diepsloot, over the Beitbridge Border Post in 2010.
The police minister suspended the pair late last year however, the High Court in Pretoria rendered Dramat's suspension null and void.
However, the Police Ministry last month confirmed that Dramat has not reported for duty, and is on leave by mutual agreement with Nhleko.
Source: EWN
It’s understood Ipid filed conflicting reports on the case.
The City Press is reporting Nhleko has accused McBride of changing the findings on the report allegedly in an attempt to protect the Hawks bosses.
The police ministry has also confirmed that Nhleko called the IPID boss asking to explain why there were differences in the two IPID reports.
Spokesperson Musa Zondi, “The minister has asked Werksmans Attourneys to look into both reports and come back to us as soon as possible and tell us when exactly these reports were changed and what the reasons were.”
Weekend reports suggest McBride could soon be joining Hawks boss Anwa Dramat and Shadrack Sibiya on suspension, in the wake of the illegal rendition of five Zimbabweans from Diepsloot, over the Beitbridge Border Post in 2010.
The police minister suspended the pair late last year however, the High Court in Pretoria rendered Dramat's suspension null and void.
However, the Police Ministry last month confirmed that Dramat has not reported for duty, and is on leave by mutual agreement with Nhleko.
Source: EWN
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