Hawks to step up Wa Afrika probe

2010-09-07 22:25

Johannesburg - The Hawks will intensify their investigation against Sunday Times journalist Mzilikazi wa Afrika and his co-accused, viewing the National Prosecuting Authority's (NPA) provisional withdrawal of charges as temporary.

"It has to be stressed, it is temporary, it is circumstantial. With us we can only indicate that we are intensifying, and we believe we have a case," Hawks spokesperson Lindela Mashego said on Tuesday.

He did not believe the Hawks acted prematurely by arresting Wa Afrika and Mpumalanga government employee Victor Mlimi in August.

"We believe we have enough, but it has to be all conclusive. That was the decision by the NPA. We have to live with it. It does not impact at all on the ongoing investigation."

'Full investigation'

The NPA announced on Tuesday it intended provisionally withdrawing the fraud, forgery and uttering charges the two were to have faced.

"The case docket containing evidential material was submitted to prosecutors in the NPA.

"After perusing the case docket we are of the view that it is desirable that the matter be fully investigated prior to taking a decision on whether or not to prosecute," read a statement by advocate Mthunzi Mhaga.

"We therefore deem it appropriate that the charges be provisionally withdrawn pending further investigations."

'Not backing down'

"We are not backing down," said Mashego. "We believed we had a case and that there were going to be discussions and that there was going to be deliberations on that case."

"Once we put together this formidable case and collect the information, we will hand it over to the authorities (for a decision on prosecution)."

He said the court would have to decide whether items seized during their arrest would be returned.

The charges are believed to relate to alleged possession of a resignation letter by Mpumalanga Premier David Mabuza, which the presidency has said is a fake.

Wa Afrika was arrested as a debate on the possible introduction of a media tribunal and the draft Protection of Information Bill was underway at his employer's headquarters in Rosebank, Johannesburg.

After being kept in custody, charges were withdrawn the following day, then reinstated. A court order issued by the North Gauteng High Court in Pretoria had him released ahead of his bail hearing.

Mlimi was a deputy director of the Mpumalanga department of human settlements.

'Very shady journalist'

Sunday Times editor Ray Hartley was quoted on their online portal Timeslive as saying that National Police Commissioner Bheki Cele "owes wa Afrika an apology. A big one".

Wa Afrika's lawyer Eric van den Berg said they had been notified of the NPA's intentions and were pleased.

"It has a been a shadow over him," said Van den Berg.

Some critics felt the arrests were related to a story Wa Afrika had co-written about a R500m police headquarters lease agreement, purportedly agreed to by Cele without it going out to tender.

The day before his arrest, Cele called him a "very shady journalist", and when asked if he would take action against the reporter, he replied: "Time will tell".

The Congress of the People (Cope) said the announcement was just an exercise in saving face for the police.

"We are certain that this is not a temporary withdrawal, but an admission by the state that the police erred," said Cope deputy president Mbhazima Shilowa.

He congratulated Wa Afrika for not buckling under pressure and continuing his "diligent work".

The Cope Youth Movement also believed Wa Afrika was owed an apology and that any documents confiscated be returned.

Call for ICD probe

Democratic Alliance leader Helen Zille said on Tuesday her party would ask the Independent Complaints Directorate to probe Wa Afrika's arrest.

Zille said the Hawks' pledge to step up their investigation into the case suggested that they "did not investigate the matter sufficiently" before arresting Wa Afrika and Mlimi in August.

The case was instead one of police intimidation.

"The impression is left that this arrest was intended to send a clear and unequivocal message: if you publish unflattering reports about government officials, you can expect harassment and intimidation from the state."

- SAPA