Mpumalanga's MEC for human settlements and two of his bodyguards were shot at, then robbed by men driving a car with a flashing blue light last night, police said today. Captain Leonard Hlathi said the MEC, Madala Masuku, was travelling at the offramp for Bapsfontein near Delmas around 8.15pm, when a silver grey BMW five series came up behind them, with blue lights flashing, signalling for them to stop.
Masuku's car also had a flashing blue light, and his driver ignored what was happening and kept driving. "They fired a shot through the MEC's car and the driver then brought the car to a standstill," said Hlathi.
After that, three men from the BMW, dressed in the blue police uniform, approached the MEC's vehicle and claimed they were looking for drugs and "other unlawful things". "The MEC introduced himself and said he was an MEC, he was carrying no drugs, and that he was with his two bodyguards," continued Hlathi. The men said they would take the MEC and the bodyguards to a police station and verify their identities, but in the meantime, took away six cellphones, a bodyguard's firearm and the car keys. They later handed back the cellphones and fled the scene with the car keys and the firearm. They drove off in the direction of Johannesburg. Hlathi said the police hoped that anyone who may be able to provide information on the matter would pass this on to police.
Masuku's spokesman was not immediately available to comment but Hlathi said the three were not physically hurt during the shooting.
Police have not linked it to other potentially politically motivated incidents in the province and the possible existence of a "hit list". Victor Mlimi, a deputy director in the Mpumalanga department of human settlements, was recently charged with fraud, forgery and uttering along with Sunday Times reporter Mzilikazi wa Afrika. Wa Afrika was in possession of a letter of resignation purportedly from the province's premier, David Mabuza. The charges against Wa Afrika and Mlimi were withdrawn on September 8.
Hlathi thought yesterday's incident was "just mischief". "Blue light gangs", groups of people who take the appearance of police officers to get people to pull over to rob them, are not uncommon in South Africa.
SOurce: The New Age
Showing posts with label Victor Mlimi. Show all posts
Showing posts with label Victor Mlimi. Show all posts
Tuesday, October 19, 2010
Mpumalanga's MEC for human settlements and two of his bodyguards were shot at, then robbed by men driving a car with a flashing blue light last night, police said today. Captain Leonard Hlathi said the MEC, Madala Masuku, was travelling at the offramp for Bapsfontein near Delmas around 8.15pm, when a silver grey BMW five series came up behind them, with blue lights flashing, signalling for them to stop. Masuku's car also had a flashing blue light, and his driver ignored what was happening and kept driving. "They fired a shot through the MEC's car and the driver then brought the car to a standstill," said Hlathi. After that, three men from the BMW, dressed in the blue police uniform, approached the MEC's vehicle and claimed they were looking for drugs and "other unlawful things". "The MEC introduced himself and said he was an MEC, he was carrying no drugs, and that he was with his two bodyguards," continued Hlathi. The men said they would take the MEC and the bodyguards to a police station and verify their identities, but in the meantime, took away six cellphones, a bodyguard's firearm and the car keys. They later handed back the cellphones and fled the scene with the car keys and the firearm. They drove off in the direction of Johannesburg. Hlathi said the police hoped that anyone who may be able to provide information on the matter would pass this on to police. Masuku's spokesman was not immediately available to comment but Hlathi said the three were not physically hurt during the shooting. Police have not linked it to other potentially politically motivated incidents in the province and the possible existence of a "hit list". Victor Mlimi, a deputy director in the Mpumalanga department of human settlements, was recently charged with fraud, forgery and uttering along with Sunday Times reporter Mzilikazi wa Afrika. Wa Afrika was in possession of a letter of resignation purportedly from the province's premier, David Mabuza. The charges against Wa Afrika and Mlimi were withdrawn on September 8. Hlathi thought yesterday's incident was "just mischief". "Blue light gangs", groups of people who take the appearance of police officers to get people to pull over to rob them, are not uncommon in South Africa.
Thursday, September 9, 2010
'Fake Letter' Official gets Death Threats
The government official caught at the centre of the controversy surrounding journalist Mzilikazi wa Afrika's arrest has apparently been receiving death threats. Victor Mlimi, a Mbombela councillor and deputy director in Mpumalanga's housing department, says that he has been suspended from his government post on 54 "trumped up" misconduct charges and has also received telephonic death threats.
Mlimi was arrested and charged alongside Wa Afrika on fraud, forgery and uttering (circulating fraudulent items) charges for supposedly being in possession of an alleged fake letter of resignation from Premier David Mabuza to President Jacob Zuma. The charges were provisionally withdrawn on Wednesday, to allow the State to properly investigate the allegations and the actual role played by Wa Afrika and Mlimi in the controversy. “It is strange that I was arrested and charged for a document that was not in my possession. This case has made my life difficult because since I was arrested I've received death threats from faceless people. I was also suspended two weeks ago, on very strange charges," Mlimi told African Eye News Service (AENS). He said he had neither reported the threats to the police nor had he hired private security. “What is the point of reporting death threats to the police in this province? They are the people who arrested me. They are probably on the payroll of the person who is behind the whole mess here," he said.
Mlimi said he also received death threats in 2005, when he protested against intimidation during the election of a chairperson of the ANC Ehlanzeni regional executive council that year. He said. more recently, he was accused of paying the R8 000 bail of former ANC member James Nkambule, now COPE's chairman in Ehlanzeni, after his arrest in March. Nkambule was arrested for supposedly obstructing justice, fraud and forgery after claiming to be in possession of a hit-list of politicians and officials believed to be critical of the provincial government. Nkambule claimed that the list was drafted by a hitman, known only as 'Josh', who had been hired by a high-level but unnamed politician.
Mlimi's name was on the list, along with the assassinated speaker of the Mbombela local municipality Jimmy Mohlala, who was investigating tender irregularities around the Mbombela Stadium. “My only mistake was to attend Nkambule's court appearance, not knowing that the next time I came to court I would be an accused in [this] strange political case,” he said.
Mlimi declined to say on Wednesday whether he intended suing for defamation or other damages after the charges were withdrawn this week. Wa Afrika has indicated that he intends suing individuals in both government and political parties. He refused to name the people.
Premier Mabuza's office has, however, made a number of public statements accusing Nkambule and Wa Afrika of undermining government and participating in a campaign to unseat Mabuza. The provincial ANC Youth League and the South African National Civic Organisation have gone further and accused the two of being 'traitors'. Mabuza's spokesman, Mabutho Sithole, this week refused to comment of the withdrawal of charges. Provincial ANCY spokesman Ozzy Ronald Lamola said however that it is "disappointing" to hear that Wa Afrika was a free man. “Our disappointment stems from the fact that he was accused of a very dangerous crime that warranted him being charged with high treason. We, however, respect the due process of the law and hope that he is not off the hook as we believe that the investigation will confirm that he must indeed be charged with high treason,” said Lamola.
Sanco provincial treasurer Raymond Makamo accused the National Prosecuting Authority (NPA) of bowing to public pressure by withdrawing the charges against Wa Afrika. “Why did they charge him in the first place if they did not have enough evidence against him? We believe that there is a case against Wa Afrika,” said Makamo.
After Mlimi and Wa Afrika's brief court appearance on Wednesday, the NPA returned Wa Afrika's passport, notebooks and other documents that were confiscated from his house when he was arrested on August 4.
Source: Capital
Mlimi was arrested and charged alongside Wa Afrika on fraud, forgery and uttering (circulating fraudulent items) charges for supposedly being in possession of an alleged fake letter of resignation from Premier David Mabuza to President Jacob Zuma. The charges were provisionally withdrawn on Wednesday, to allow the State to properly investigate the allegations and the actual role played by Wa Afrika and Mlimi in the controversy. “It is strange that I was arrested and charged for a document that was not in my possession. This case has made my life difficult because since I was arrested I've received death threats from faceless people. I was also suspended two weeks ago, on very strange charges," Mlimi told African Eye News Service (AENS). He said he had neither reported the threats to the police nor had he hired private security. “What is the point of reporting death threats to the police in this province? They are the people who arrested me. They are probably on the payroll of the person who is behind the whole mess here," he said.
Mlimi said he also received death threats in 2005, when he protested against intimidation during the election of a chairperson of the ANC Ehlanzeni regional executive council that year. He said. more recently, he was accused of paying the R8 000 bail of former ANC member James Nkambule, now COPE's chairman in Ehlanzeni, after his arrest in March. Nkambule was arrested for supposedly obstructing justice, fraud and forgery after claiming to be in possession of a hit-list of politicians and officials believed to be critical of the provincial government. Nkambule claimed that the list was drafted by a hitman, known only as 'Josh', who had been hired by a high-level but unnamed politician.
Mlimi's name was on the list, along with the assassinated speaker of the Mbombela local municipality Jimmy Mohlala, who was investigating tender irregularities around the Mbombela Stadium. “My only mistake was to attend Nkambule's court appearance, not knowing that the next time I came to court I would be an accused in [this] strange political case,” he said.
Mlimi declined to say on Wednesday whether he intended suing for defamation or other damages after the charges were withdrawn this week. Wa Afrika has indicated that he intends suing individuals in both government and political parties. He refused to name the people.
Premier Mabuza's office has, however, made a number of public statements accusing Nkambule and Wa Afrika of undermining government and participating in a campaign to unseat Mabuza. The provincial ANC Youth League and the South African National Civic Organisation have gone further and accused the two of being 'traitors'. Mabuza's spokesman, Mabutho Sithole, this week refused to comment of the withdrawal of charges. Provincial ANCY spokesman Ozzy Ronald Lamola said however that it is "disappointing" to hear that Wa Afrika was a free man. “Our disappointment stems from the fact that he was accused of a very dangerous crime that warranted him being charged with high treason. We, however, respect the due process of the law and hope that he is not off the hook as we believe that the investigation will confirm that he must indeed be charged with high treason,” said Lamola.
Sanco provincial treasurer Raymond Makamo accused the National Prosecuting Authority (NPA) of bowing to public pressure by withdrawing the charges against Wa Afrika. “Why did they charge him in the first place if they did not have enough evidence against him? We believe that there is a case against Wa Afrika,” said Makamo.
After Mlimi and Wa Afrika's brief court appearance on Wednesday, the NPA returned Wa Afrika's passport, notebooks and other documents that were confiscated from his house when he was arrested on August 4.
Source: Capital
Wednesday, September 1, 2010
Minister says back-up was needed to apprehend journalist
The police were forced to call for back-up in the arrest of Sunday Times journalist Mzilikazi wa Afrika because he resisted. This is according to Police Minister Nathi Mthethwa, answering questions in Parliament yesterday.
Wa Afrika was arrested at the Avusa head office in Rosebank, Johannesburg, last month. He was then driven to Mpumalanga, where he was kept in police holding cells before appearing in court two days later. Police officers sent to arrest him were involved in a screaming match with senior editors about whether photographers could take pictures of the arrest.
DA police spokesman Dianne Kohler Barnard asked why it was necessary to send 20 police officers to arrest Wa Afrika. Mthethwa said two police officers from Rosebank police station, sent to the Avusa offices to locate Wa Afrika, had to call for back-up because they were being prevented from making the arrest. "I hope you'll agree with me that nobody is allowed to obstruct that particular process," he said.
Mthethwa's version has been disputed by Sunday Times editor Ray Hartley, who said Wa Afrika was on his way to hand himself over at the Rosebank police station when he was so dramatically arrested. "That's fictitious. It is totally untrue. There was no resistance to the arrest," Hartley said. Mthethwa said the investigating officer from Mpumalanga had been forced to wait for more than two hours at Rosebank police station for Wa Afrika to hand himself over as promised. "When the suspect failed to present himself to the investigating officer, two other officers proceeded in one vehicle to the place of this person's work," he said. "At the place of work, a commotion broke out and other vehicles were dispatched to establish the problem."
Mthethwa said that though the government had agreed with the SA National Editors' Forum that journalists should not be arrested for doing their work, the agreement did not cover journalists who were accused of fraud.
Wa Afrika and his co-accused, Victor Mimi, appeared in court in Nelspruit on charges of fraud and defeating the ends of justice. They were each granted bail of R5 000. The reporter's arrest was only days after he co-wrote a story on a document allegedly signed by national police commissioner Bheki Cele relating to a R500-million lease on new police HQ in Pretoria. The arrest is also said to relate to a fax of what the police claim is a fraudulent letter of resignation purportedly written by Mpumalanga Premier David Mabuza.
Source: Times Live
Wa Afrika was arrested at the Avusa head office in Rosebank, Johannesburg, last month. He was then driven to Mpumalanga, where he was kept in police holding cells before appearing in court two days later. Police officers sent to arrest him were involved in a screaming match with senior editors about whether photographers could take pictures of the arrest.
DA police spokesman Dianne Kohler Barnard asked why it was necessary to send 20 police officers to arrest Wa Afrika. Mthethwa said two police officers from Rosebank police station, sent to the Avusa offices to locate Wa Afrika, had to call for back-up because they were being prevented from making the arrest. "I hope you'll agree with me that nobody is allowed to obstruct that particular process," he said.
Mthethwa's version has been disputed by Sunday Times editor Ray Hartley, who said Wa Afrika was on his way to hand himself over at the Rosebank police station when he was so dramatically arrested. "That's fictitious. It is totally untrue. There was no resistance to the arrest," Hartley said. Mthethwa said the investigating officer from Mpumalanga had been forced to wait for more than two hours at Rosebank police station for Wa Afrika to hand himself over as promised. "When the suspect failed to present himself to the investigating officer, two other officers proceeded in one vehicle to the place of this person's work," he said. "At the place of work, a commotion broke out and other vehicles were dispatched to establish the problem."
Mthethwa said that though the government had agreed with the SA National Editors' Forum that journalists should not be arrested for doing their work, the agreement did not cover journalists who were accused of fraud.
Wa Afrika and his co-accused, Victor Mimi, appeared in court in Nelspruit on charges of fraud and defeating the ends of justice. They were each granted bail of R5 000. The reporter's arrest was only days after he co-wrote a story on a document allegedly signed by national police commissioner Bheki Cele relating to a R500-million lease on new police HQ in Pretoria. The arrest is also said to relate to a fax of what the police claim is a fraudulent letter of resignation purportedly written by Mpumalanga Premier David Mabuza.
Source: Times Live
Sunday, August 8, 2010
Intelligence agencies monitored Mpumalanga 'troublemakers'
MPUMALANGA Premier David Mabuza refuses to say whether he has used surveillance or intelligence agents to monitor journalists or political opponents.
Mabuza has, however, previously told an April 15 press conference that he routinely monitors "troublemakers" in the province, via weekly intelligence reports containing classified information, including surveillance records of people perceived to be a threat to the stability of his administration.
He boasted at the time that nothing happened in the province without him being aware of it -- but, in the wake of international condemnation of the arrest of Sunday Times investigative journalist Mzilikazi wa Afrika, Mabuza refused to either confirm or deny this week whether provincial intelligence authorities had included journalists in their surveillance.
Mabuza was not so coy back in April, when he told journalists: "On a daily basis, on a weekly basis I receive reports: intelligence reports with classified information. The reports tell me about your activities [and] about ordinary people doing things. And [the reports] will tell me the names of the people [involved]. They will tell me about threats in the province. It is [the security agency's] responsibility to do that. I mean across the board. "In these service delivery protests, they report who is who. Just for me to know, so I don’t miss the point. Not for me to arrest them. They will tell me [you] are doing one, two, three, four, five. Oh, OK. When I meet you, I will hug you and laugh with you, but I will know: there is something I know about you," Mabuza explained.
When questioned on the legality of monitoring political colleagues or journalists, Mabuza stressed that he merely received the reports. "People are not monitored [directly] by us, but remember that this is not a free-for-all country where you can steal cars, smuggle things, and hope that people will not follow you. As long as the security agencies feel they suspect you, they follow you, and they report where they must report so that you can be arrested or be monitored. It is their duty. "But, for me -- for people who are causing unrest, who are toyi-toying, who [are] saying things -- I must know who is doing what, where. The [security agencies] have a responsibility to tell me. How they do it, how they collect data, it is not my responsibility. I am not going to ask them how they came to this conclusion. Because they are giving me that information not to use, but to know."
Mabuza was then at pains to explain that all surveillance in the province was legal. "Security agencies, they know what to do. They cannot be threatened by you. If they want to listen to your phone, they know what to do. And, they will be granted permission. They must offer reasons why they want to listen to your phone, and a magistrate will give that permission. And that is it. Then you are being listened at. "But on their own, I don’t think that can just listen to your phone. It is a process. If you go to your law, you will find it. It is legislated, because as much as they can listen to your phone, you have got a right as a human being."
Mabuza's spokesman, Mabutho Sithole, confirmed on Thursday that Mabuza had been speaking about the supposed conspiracy involving Wa Afrika and a Mpumalanga deputy director for informal settlements, Victor Mlimi. The two were arrested earlier this week and charged with fraud, forgery, and uttering (to circulate fraudulent items) for being in possession of an allegedly fake letter of resignation purportedly written by Mabuza to President Jacob Zuma.
Mabuza issued a strongly worded press statement shortly after the arrests, claiming Wa Afrika was part of a wider plot to destabilise the province and unseat Mabuza as premier. "Definitely, he was speaking about the same case at that press conference [in April]. It is all linked: this Josh hit-list story, the alleged raid on [Mabuza's] house that never happened, and now the fake resignation letter. We said then that journalists were part of a plot with people who are hell-bent on discrediting the Premier's good name," said Sithole.
Sithole said the allegations, including that Mabuza had an arms cache and millions in cash at his home plus that he'd hired hitmen to murder opponents, were viewed as threats to state security. Sithole also claimed that the violent service delivery riots that have rocked the province for over a year are part of the plot, and are being funded by political opponents. He refused, however, to comment on whether Mabuza had received surveillance reports on journalists who reported on the allegations, or who were perceived to be "part of the plot". "I do not know and I will not ask the Premier, because even if he is receiving such reports, he would not tell me yes or no. He would not be able to divulge in terms of protocol. The content of such reports is classified," Sithole insisted on Thursday. When pressed, Sithole undertook to check with Mabuza. He was, however, still unwilling to confirm or deny on Friday and was consistently unavailable on Saturday.
Hawks spokesman Musa Zondi also refused to comment on whether intelligence agencies had assisted with the investigation, or whether journalists in the province had been under surveillance. "I have not been briefed on that, and am not going to speculate or say anything before the matter is before court. You will have to wait for the court hearing," was Zondi's initial terse response. When pressed for comment again on Saturday, Zondi said: "I can't comment on spying issues. That is outside my scope".
National Intelligence Agency (NIA) spokeswoman, Lorna Daniels, was unavailable on either of her mobile phones on Saturday. Zondi meanwhile also refused to respond to Mabuza's midnight statement on Wednesday, which claimed Wa Afrika's arrest was linked to that of James Nkambule in March.
Nkambule was arrested after admitting to circulating a hit-list of Mpumalanga public figures supposedly drafted by a Mozambican assassin known only as 'Josh'. The list included Mbombela municipality speaker, councillor Jimmy Mohlala, who was executed in front of his family in January 2009 while investigating tender irregularities relating to the Mbombela 2010 stadium. No one has been arrested for the murder. The list also included names of other Mpumalanga officials who had either died or disappeared in questionable circumstances during anti-corruption investigations.
Source: Capital
Mabuza has, however, previously told an April 15 press conference that he routinely monitors "troublemakers" in the province, via weekly intelligence reports containing classified information, including surveillance records of people perceived to be a threat to the stability of his administration.
He boasted at the time that nothing happened in the province without him being aware of it -- but, in the wake of international condemnation of the arrest of Sunday Times investigative journalist Mzilikazi wa Afrika, Mabuza refused to either confirm or deny this week whether provincial intelligence authorities had included journalists in their surveillance.
Mabuza was not so coy back in April, when he told journalists: "On a daily basis, on a weekly basis I receive reports: intelligence reports with classified information. The reports tell me about your activities [and] about ordinary people doing things. And [the reports] will tell me the names of the people [involved]. They will tell me about threats in the province. It is [the security agency's] responsibility to do that. I mean across the board. "In these service delivery protests, they report who is who. Just for me to know, so I don’t miss the point. Not for me to arrest them. They will tell me [you] are doing one, two, three, four, five. Oh, OK. When I meet you, I will hug you and laugh with you, but I will know: there is something I know about you," Mabuza explained.
When questioned on the legality of monitoring political colleagues or journalists, Mabuza stressed that he merely received the reports. "People are not monitored [directly] by us, but remember that this is not a free-for-all country where you can steal cars, smuggle things, and hope that people will not follow you. As long as the security agencies feel they suspect you, they follow you, and they report where they must report so that you can be arrested or be monitored. It is their duty. "But, for me -- for people who are causing unrest, who are toyi-toying, who [are] saying things -- I must know who is doing what, where. The [security agencies] have a responsibility to tell me. How they do it, how they collect data, it is not my responsibility. I am not going to ask them how they came to this conclusion. Because they are giving me that information not to use, but to know."
Mabuza was then at pains to explain that all surveillance in the province was legal. "Security agencies, they know what to do. They cannot be threatened by you. If they want to listen to your phone, they know what to do. And, they will be granted permission. They must offer reasons why they want to listen to your phone, and a magistrate will give that permission. And that is it. Then you are being listened at. "But on their own, I don’t think that can just listen to your phone. It is a process. If you go to your law, you will find it. It is legislated, because as much as they can listen to your phone, you have got a right as a human being."
Mabuza's spokesman, Mabutho Sithole, confirmed on Thursday that Mabuza had been speaking about the supposed conspiracy involving Wa Afrika and a Mpumalanga deputy director for informal settlements, Victor Mlimi. The two were arrested earlier this week and charged with fraud, forgery, and uttering (to circulate fraudulent items) for being in possession of an allegedly fake letter of resignation purportedly written by Mabuza to President Jacob Zuma.
Mabuza issued a strongly worded press statement shortly after the arrests, claiming Wa Afrika was part of a wider plot to destabilise the province and unseat Mabuza as premier. "Definitely, he was speaking about the same case at that press conference [in April]. It is all linked: this Josh hit-list story, the alleged raid on [Mabuza's] house that never happened, and now the fake resignation letter. We said then that journalists were part of a plot with people who are hell-bent on discrediting the Premier's good name," said Sithole.
Sithole said the allegations, including that Mabuza had an arms cache and millions in cash at his home plus that he'd hired hitmen to murder opponents, were viewed as threats to state security. Sithole also claimed that the violent service delivery riots that have rocked the province for over a year are part of the plot, and are being funded by political opponents. He refused, however, to comment on whether Mabuza had received surveillance reports on journalists who reported on the allegations, or who were perceived to be "part of the plot". "I do not know and I will not ask the Premier, because even if he is receiving such reports, he would not tell me yes or no. He would not be able to divulge in terms of protocol. The content of such reports is classified," Sithole insisted on Thursday. When pressed, Sithole undertook to check with Mabuza. He was, however, still unwilling to confirm or deny on Friday and was consistently unavailable on Saturday.
Hawks spokesman Musa Zondi also refused to comment on whether intelligence agencies had assisted with the investigation, or whether journalists in the province had been under surveillance. "I have not been briefed on that, and am not going to speculate or say anything before the matter is before court. You will have to wait for the court hearing," was Zondi's initial terse response. When pressed for comment again on Saturday, Zondi said: "I can't comment on spying issues. That is outside my scope".
National Intelligence Agency (NIA) spokeswoman, Lorna Daniels, was unavailable on either of her mobile phones on Saturday. Zondi meanwhile also refused to respond to Mabuza's midnight statement on Wednesday, which claimed Wa Afrika's arrest was linked to that of James Nkambule in March.
Nkambule was arrested after admitting to circulating a hit-list of Mpumalanga public figures supposedly drafted by a Mozambican assassin known only as 'Josh'. The list included Mbombela municipality speaker, councillor Jimmy Mohlala, who was executed in front of his family in January 2009 while investigating tender irregularities relating to the Mbombela 2010 stadium. No one has been arrested for the murder. The list also included names of other Mpumalanga officials who had either died or disappeared in questionable circumstances during anti-corruption investigations.
Source: Capital
Arrested journo fears for safety of news sources
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
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
Subscribe to:
Posts (Atom)