Johannesburg - The DA announced on Wednesday that it would press charges against Police Minister Bheki Cele and National Police Commissioner Fannie Masemola for involvement in the unlawful possession of illegal grabbers.
The opposition party said that in an ‘’alarming revelation’’, Bheki Cele acknowledged, in response to a DA parliamentary question, that the SAPS purchased spy equipment known as ‘’grabbers’’ without obtaining the necessary exemption certificate under the Regulation of Interception of Communications and Provision of Communication-Related Information Act (RICA) from the Minister of Justice.
According to the DA spokesperson on police Andrew Whitfield, Justice Minister Ronald Lamola separately confirmed that the use of this equipment without a valid exemption certificate is unlawful and constitutes a criminal offence.
‘’A ‘grabber’ is a device capable of intercepting calls, SMS messages, and cloning cell phones, effectively transforming a phone into a tracking and surveillance tool,’’ Whitfield said.
‘’This intrusion on citizens' right to privacy raises serious concerns about the ANC government's potential to monitor and spy on political opponents, the media, and critics of the party, risking the erosion of a democratic state into a fear-inducing dictatorship.’’
Whitfield added that despite numerous unsuccessful attempts to obtain an exemption certificate, Cele proceeded with the illegal acquisition of the grabbers along with Masemola.
‘’This reckless action not only defies the rule of law but also represents a direct violation of their duties and responsibilities as leaders in the country,’’ he said.
According to the RICA, Section 45(1) unequivocally prohibits the manufacture, assembly, possession, sale, purchase, or advertisement of such listed equipment.
‘’As SAPS possesses these grabbers, which fall under the category of listed equipment, Cele and Masemola, being in positions of leadership and knowledge, knowingly allowed a criminal offence to occur, compromising the privacy rights of every South African,’’ Whitfield said.
He said this ‘’blatant disregard’’ for the rule of law and abuse of power as outlined in the Constitution warrants serious consequences.
‘’Minister Cele and National Police Commissioner Masemola must face criminal investigations, potentially leading to up to 10 years of imprisonment, in accordance with RICA,’’ Whitfield said.
Therefore, the DA is taking action and will lay criminal charges against both Bheki Cele and Fannie Masemola, as leaders of SAPS, for their involvement in the unlawful possession of illegal grabbers.
The charges will be filed at the Cape Town Central Police Station.
The Star