Top brass 'unaware' of arrest
2003-11-03 08:42
Johannesburg - The arrest of a Groblersdal magistrate was at the weekend described as the "most atrocious transgression of democracy since 1994".
Magistrate Hendrik van der Walt was held in custody for six hours on Thursday for "obstructing the ends of justice" because he had released two suspects on their own recognizance, and subsequently removed their case from the roll.
It became clear at the weekend that top police officials were unaware of the arrest. Police commissioner Jackie Selebi, national CID chief Johan de Beer and Mpumalanga police provincial commissioner Eric Nkabinde, knew nothing of plans to arrest Hendrik van der Walt, who is head of the Groblersdal magistrate's court.
Apparently one Director Nthego, of police headquarters in Pretoria, arrested Van der Walt.
Van der Walt was "severely humiliated" in the charge office in full view of police officers who often give evidence before him in court. He was, for instance, forced to remove his shoelaces, tie and belt.
The magistrate was "severely traumatised" and has taken leave for a week on doctor's orders.
Van der Walt on Sunday said he had already obtained legal advice.
De Beer ordered Nkabinde to immediately launch an investigation into the "wrongful arrest".
By Sunday afternoon it was still not clear who had brought the charge against Van der Walt. No warrant of arrest was produced.
Van der Walt's arrest came after he released a traffic officer and a Marble Hall police administrative staff member on the previous Friday on their own recognizance because their dockets were not available.
He instructed them to return to court on the following Monday.
When they appeared before him, and the dockets were again not available, he scrapped the case.
On the Thursday, Van der Walt was arrested for obstructing the course of justice.
Director Sally de Beer, Selebi's spokesperson, said she "surmised" Selebi had been fully informed. Captain Ronnie Naidoo, De Beer's spokesperson, said he was until Friday unaware of Van der Walt's arrest.
Nkabinde's spokesperson, superintendent Isak van Zyl, said neither he nor Nkabinde knew that a complaint was being investigated against Van der Walt or that he would be arrested. "This entire thing emanated at police headquarters in Pretoria."
Prof Marinus Wiechers, emeritus professor in law at Unisa, described the arrest of Van der Walt as the "most atrocious transgression of democracy since 1994".
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