Sowetan arrests: DA requests ICD investigation

I have been in contact today with the Police watchdog, the Independent Complaints Directorate (ICD), with a view to instituting an official ICD investigation into the arrest by Hillbrow police of two Sowetan journalists, Penwell Dlamini and Antonio Muchave, and the confiscation of their equipment (see Sowetan report).

This is a deeply concerning development. As a nation we collectively expressed our shock at the arrest of Sunday Times journalist Mzilikazi wa Afrika last year. Clearly that arrest was carried out on entirely spurious grounds, and on the face of it we have a similar event here.

The DA welcomes the comments attributed to police spokesperson Noxolo Kweza, who is absolutely correct to say that the circumstances of this arrest were unacceptable, and that it will be thoroughly investigated. We believe that these arrests need to be investigated independently, which is why we have asked the ICD to look into the matter. We hope to have confirmation of an ICD investigation in the course of the next 48 hours.

The fact that two cellular phones and a camera were confiscated is concerning. Commissioner Cele needs to explain upon what grounds these arrests and confiscations took place. Section 69 of the SAPS Act provides clear parameters in which the police may legitimately limit photographic activity that may interfere in police work. From all of the evidence that has been presented in this morning's press, we do not believe section 69 is relevant here, or that there would be any other obvious basis in law for what has taken place.

There is clearly some degree of confusion in the SAPS about this matter. On the one hand, Col. Kweza has condemned the incident; on the other, Col. van Rhyn, the station commander, seems to be maintaining that no wrongdoing took place.

The Commissioner needs to say what the Police's official position on this matter is, why the arrests took place in the first place, why equipment was confiscated, and upon what the police forensic department has apparently been checking that equipment.

Statement issued by Dianne Kohler Barnard, MP, Democratic Alliance Shadow Minister of Police, December 31 2010

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