Did Hawks act criminally on Wa Afrika?

The Hawks' involvement in the criminal case against Sunday Times journalist Mzilikazi wa Afrika has been questioned. Legal opinions obtained suggest that the Hawks' swoop on Wa Afrika could be irregular because it would be a case that falls outside the new elite priority crimes unit's mandate.  But yesterday, the Hawks attempted to distance themselves from the arrest.

Hawks spokesman Musa Zondi - who was present when Wa Afrika was arrested - said "the Hawks were not necessarily involved in the case".  "The arrest was being effected by Mbombela detectives," said Zondi. "We merely provided support, and unfortunately everyone said the Hawks (did it).  The head of the Hawks in the province is also the head of the detective services." Zondi stated that all detective services fell under the command of Hawks head Anwa Dramat.  Asked why he has consistently been the point of information on the case, Zondi said he was first and foremost a police spokesman.

Wa Afrika was arrested after a complaint by Mpumalanga Premier David Mabuza, who claimed the journalist was in possession of a "forged letter" in which the premier tendered his resignation. Constitutional Law expert Professor Pierre de Vos described the Hawks' involvement in the arrest as "strange".  "The SA Police Service Amendment Act created the Hawks to only pursue priority crimes, defined as organised crime or crime that requires national interventions such as a network of criminal operations across the country. They are also mandated to investigate crimes that require specialised skills such as very serious commercial crimes."

Wa Afrika was initially charged with fraud and defeating the ends of justice, which was later dropped due to lack of evidence.  "With the evidence at our disposal it is very difficult to say how it can be seen as a priority crime if the person deals with a fraudulent letter," De Vos argued. "So this means one of two things. Either the Hawks investigated a crime they were not legally empowered to investigate or (police chief General Bheki) Cele made the decision."

De Vos believes it would be difficult to link the allegedly fraudulent document to the destabilisation of the state.

Source: IoL