INVESTIGATIVE journalist Mzilikazi wa Afrika fears that his confidential sources may be in danger after Hawks investigators seized 11 years' worth of reporter notebooks and research documents. The boxes of documents were seized from his Johannesburg home immediately after his arrest on Wednesday morning, when plain-clothes investigators combed through his house without a search warrant. “The notebooks they took have nothing to do with the fake letter issue. The notebooks date back more than 11 years, to when I still worked for African Eye News Service in Nelspruit. They contain detailed notes on all the investigations I have done over the years," said Wa Afrika. "I am really concerned that they will use the notebooks to trace and intimidate sources or even people who have spoken to me in their official capacity over the years. It feels like a witch-hunt."
Hawks spokesman Musa Zondi initially insisted on Thursday evening that investigators had used a warrant to seize the notebooks, but conceded late on Thursday night that police had neglected to obtain court sanction for the search. "The original arrangement was for Mzilikazi to voluntarily surrender to investigators, so we did not need a warrant. But, plans changed, and we arrested him instead. There is, however, allowance in the Criminal Procedure Act for search and seizure without a warrant," Zondi explained. He was unable to say why plans changed, but did confirm that the confiscated notebooks had been handed over to police in Mpumalanga itself for "further investigation". "I cannot speak about the scope of the investigation, but it definitely does not stretch back 11 years. As a former journalist I can see where you are going [with questions about the safety of the notebooks]. I cannot comment. I am stumped," said Zondi.
In addition to the notebooks, Hawks investigators carted off scores of personal records and documents, as well as work-related research notes connected with the Mpumalanga Tourism & Parks Agency (MTPA) and an old public commission report into the apartheid military's secret activities -- plus his teenage son's laptop. “I don't have a clue what they would want with my son's laptop. The other documents are also completely unrelated to the fake letter issue,” said Wa Afrika.
The 'fake' letter at the apparent root of the drama is a supposedly fraudulent resignation letter, on an official Mpumalanga government letterhead, from Premier David Mabuza to President Jacob Zuma. Mabuza issued a statement shortly after Wa Afrika's arrest claiming that the journalist was part of a wider plot to destabilise the province. Wa Afrika and his lawyers are, however, still unclear exactly what the charges against him are. Although he appeared briefly in the Nelspruit regional court on Friday morning for a bail application, the Hawks have yet to release the detailed charge sheet or any other information about his supposed criminal conduct.
Wa Afrika was initially said to be facing charges for fraud and defeating the ends of justice. But, two hours after he was released on R5,000 bail, the charges were amended to fraud, forgery, and 'uttering' (which means the attempt to pass off something fake as genuine). "We've asked for the charge sheet, so we can understand what exactly he is accused of, but I have yet to receive it," says the Sunday Times attorney Eric van den Berg. Wa Afrika also reports that while in detention he was woken at 2am and interrogated by about whether he was part of a group or faction trying to destabilise the African National Congress (ANC) in Mpumalanga. "I wasn't asked about destabilising the provincial government or the country. I was asked about destabilising the ruling party," he says.
South African National Editors' Forum (SANEF) media freedom spokesman Raymond Louw said on Friday that confiscation of any reporters' notebooks or confidential research notes by police was a “serious transgression” of their rights and needed to be challenged. “It looks like a fishing expedition. Unfortunately there is little SANEF can do right now about Mzilikazi's situation, until our meeting with national Police Commissioner Bheki Cele on Tuesday. We will definitely raise the issue of the notebooks with Cele,” said Louw.
The Freedom of Expression Institute (FXI) also expressed outrage on Friday, saying police had no right to seize notebooks or records that do not directly relate to the charges against Wa Afrika. "We strongly advise Mzilikazi and his attorneys to argue that the search and seizure at his house was illegal, especially if the notebooks have nothing to do with this case,” said FXI attorney and media freedom expert, Mbali Cele.
National Prosecuting Authority spokesperson Mthunzi Mhaga, however, insisted on Friday that investigators have prima facie evidence to substantiate the Hawks actions. “We have overwhelming evidence against the accused. The reason we did not oppose their bail application though, is because we do need additional time to gather more evidence,” said Mhaga.
Wa Afrika and a deputy director in Mpumalanga's housing department, Victor Mlimi, were both released on R5,000 bail each and told to return to court on November 8. A third suspect who was arrested with Mlimi on Tuesday afternoon, an unnamed teacher at Mganduzweni Primary School near White River, was released without being charged after being questioned by police. She was originally accused of faxing the fake letter to various journalists, including Wa Afrika, and President Zuma's office.
Mlimi has also not yet received a copy of the detailed charge sheet. Premier Mabuza's spokesman Mabutho Sithole, who camped out at court both on Thursday and Friday, continues to insist that the two are pawns for "powerful people" who are bankrolling a plot to oust Mabuza from office. Sithole insists that the case extends beyond the resignation letter: he claims that the recent arrests are linked to the arrest of former ANC Youth league leader and current regional COPE chairman, James Nkambule, on March 25.
Nkambule was charged for fraud and defeating the ends of justice for allegedly fabricating and circulating a supposed hit-list of prominent public figures, including the assassinated speaker of the Mbombela Local Municipality, Jimmy Mohlala. Mohlala was executed in front his teenage son in January 2009 one day before he was scheduled to speak publicly about suspected tender irregularities relating to the 2010 FIFA World Cup Stadium in Mbombela. Nkambule insists that the hit-list and an accompanying affidavit were written by a Mozambican hitman, identified only as 'Josh', after his Mpumalanga paymasters tried to kill him.
Wa Afrika was one of a number of journalists who wrote about the allegations, and about Nkambule's subsequent arrest. Nkambule is currently on R8,000 bail awaiting trial on October 14.
Source: Capital
No comments:
Post a Comment