Letter to the Editor

Re: Mr Chumani Maxwele

UCT has taken note of the events that have recently been reported in the media concerning the arrest of Mr Chumani Maxwele after gesturing at a convoy of official vehicles.

Many of the reports indicate that Mr Maxwele is a student at UCT. This is factually incorrect. Our investigation has shown that he is not a student or staff member, but through his work interest for an NGO he has links to a department in our humanities faculty. In this case we feel it is not important whether Mr Maxwele is a UCT student or not; it is outrageous that what was reported can happen to any individual, no matter who he or she is.

If the reports, as portrayed in the media and as conveyed to us by Mr Maxwele, are indeed correct, it is an outrageous abuse of power on several counts. First, whether Mr Maxwele waved the convoy on or showed a zap sign to the convoy, neither is likely to be considered a crime in SA and therefore his arrest would be unlawful. Second, even if the police believed they had the right to intervene in some way to protect the honour of the president, locking someone up in a cell for almost 24 hours when he or she clearly presents no threat to society is an infringement of civil rights, and suggests a bullying police team that wishes to teach the suspect a lesson, having already concluded that he or she is guilty before any trial. Third, the excessive interrogation, hood over head, raiding of Mr Maxwele's living quarters with no warrant and in his absence while he was detained, are reminiscent of an unrestrained dictatorial police state, not a disciplined, rights-based democracy.

The rule of law in SA is fragile, and needs nurturing and protection. It cannot be promoted if the police themselves break the rules designed to protect individual citizens. There are no mitigating factors here: no crime to be solved, no pending murder or terrorist act to be intercepted. This was pure arrogance on behalf of those charged with protecting the president.

Finally, we do not live in a society where we are expected to bow down to our leaders. The police and VIP protection units must be educated to understand that public figures are fair targets for criticism. They cannot demand respect, but must earn it. We have chosen a constitution which gives citizens the right to show their disappointment, irritation and, yes, even disrespect, for our leaders as long as we do not infringe their safety and their own protected rights. But there is no right that protects a public figure from the expression of other people's irritation, least of all when you are making a racket and disrupting the traffic and the lives of those around you.

We urge the appropriate authorities to investigate the matter fully, make the findings public and discipline those responsible. If necessary, we will offer support to Mr Maxwele to challenge the VIP protection unit's behavior in court.

Dr Max Price
Vice-Chancellor

University of Cape Town

Statement issued by: UCT Communication and Marketing Department, February 27 2010

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