Operation Fiela: Where are the 9 000 arrested?

7 July 2015

The DA wants to know the whereabouts of the 9 098 people the SAPS claims have been arrested as a result of Operation Fiela.

We will be submitting further parliamentary questions to the Minister of Police, Nathi Nhleko, and his colleagues in Cabinet, Minister of Justice and Correctional Services, Mike Masutha, and Minister of Home Affairs, Malusi Gigaba, requesting them to provide clarity on the 9 098 people arrested during Operation Fiela and exactly what the status is of their arrests.

A reply to a DA parliamentary question has revealed that Minister Nhleko has no idea what the status of 9 098 detainees arrested. If the Minister can tell Parliament, with certainty, that there were over 9 000 people arrested as a result of Operation Fiela to date, it should be a simple task for him and his colleagues in Cabinet to furnish the public with the details of these arrests.

However, in response to our questions regarding the whereabouts of the detainees and details of any judicial processes as a result, he has simply stated that “the information that is required is not readily available…[and]…a request is hereby made for an extension.” This is inexplicable given that Operation Fiela is so high-profile that government deemed it necessary for it to be supported by the South African Defence Force (SANDF). 

In a fair society envisioned by the DA and the Constitution it cannot be that individuals are detained within South Africa’s borders yet their whereabouts within the criminal justice system are not readily available for reporting by the Minister. 

Additionally, the DA knows full well that in recent replies government departments have asked for extensions before replying to parliamentary questions and they never make good on their assurances to provide these answers at a later stage. 

This notwithstanding, it is important to note that foreign nationals account for a portion of the 9 098 arrested persons. This raises questions regarding repatriation and deportation. Given the laws governing such actions and previous abuses by the Department of Home Affairs at Lindela, it is of crucial importance that Parliament is fully appraised of the details of these arrests and any resultant actions. This is why it is important that Minister Nhleko engage both Minister Masutha and Minister Gigaba in this regard.

Of equal importance, the DA has long-held that we would only support the deployment of the Defence Force within our borders in exceptional circumstances and in line with section 201(2)(a) “in co-operation with the police service.” With the xenophobic attacks having subsided, it is critical that we know the status of these arrests and Operation Fiela in its entirety. 

Text of the reply:

36/1/4/1/201500182

NATIONAL ASSEMBLY

FOR WRITTEN REPLY

QUESTION 2393

DATE OF PUBLICATION IN INTERNAL QUESTION PAPER: 19 JUNE 2015

(INTERNAL QUESTION PAPER NO 22-2015)

2393.     Mr S Mokgalapa (DA) to ask the Minister of Police:

(1) With reference to Operation Fiela, since its inception, (a) how many operations have been conducted and (b) in which (i) cities and (ii) areas;

(2) how many suspects have been (a) arrested and (b) released (i) on bail and/or (ii) due to no charges being pressed;

(3) in respect of each suspect still under detention, where are the specified suspects being detained;

(4) how many cases (a) are currently pending before court and/or (b) have resulted in conviction as a result of the specified operation;

(5) how many (a) illegal firearms, (b) weapons and (c) illegal narcotics have been confiscated as a result of the specified operation?

NW2758E

REPLY:

(1)(a) 343

(1)(b)(i)

(1)(b)(ii)

(2)(a) 9098

(2)(b)(i) The information that is required is not readily available as each case must be verified before the information can be submitted. A request is hereby made for an extension in order for us to provide quality and correct information as soon as it is received.

(2)(b)(ii) The information that is required is not readily available as each case must be verified before the information can be submitted. A request is hereby made for an extension in order for us to provide quality and correct information as soon as it is received.

(3) The information that is required is not readily available as each case must be verified before the information can be submitted. A request is hereby made for an extension in order for us to provide quality and correct information as soon as it is received.

(4) The information that is required is not readily available as each case must be verified before the information can be submitted. A request is hereby made for an extension in order for us to provide quality and correct information as soon as it is received.

(5)(a) 27

(5)(b) 39

(5)(c)

ENDS

Statement issued by Dianne Kohler Barnard MP, DA Shadow Minister of Police, July 7 2015