File photo of the disbanded Cato Manor organised crime unit. Picture:Sandile Ndlovu
Searches conducted at the homes of the alleged “death squad” policemen attached to the former Cato Manor organised crime unit were “unlawful”, the Minister of Police, Nathi Mthethwa, has conceded.
And, in terms of a written agreement signed by P Kevan, senior assistant state attorney, all items which were in the lawful possession of the policemen will be returned to them.
The concession by Kevan, “on behalf of the Department of Justice and Constitutional Development”, came as a result of a legal challenge launched in the Durban High Court by 18 of the arrested policemen to what they said was a “general ransacking” of their homes on the day of the arrests in June this year.
The men, tipped off about their impending arrests by the Hawks and Ipid (Independent Police Investigative Directorate) on the death squad allegations, had gathered at their office, their lawyer telling those in charge of the operation that they could be arrested there.
But they were instructed to go to their homes where, they say, policemen disregarded the law and common decency by going through personal items, including underwear, and seizing things which belonged to their children.
In their application before the court, they described the search warrants applied for by investigating officer Lieutenant-Colonel Frans Kola as “breathtaking in their scope” and unconstitutional. And they attacked the magistrate “who rubber-stamped them”, allowing the searchers to “roam at large” through their homes, going through their wives’ underwear, seizing children’s computers and cameras belonging to spouses.
The application was to have come before the court at the end of this month.
Now it will be removed.
According to the letter from Kevan to Carl van der Merwe, the lawyer representing the policemen, the matter has been settled, with the minister of police, being the first respondent, conceding that the warrants were invalid and that the searches were unlawful.
Costs
In terms of the settlement agreement, the items seized will be returned along with their licensed private firearms.
State firearms and ammunition will be returned to the station commander.
The minister will pay the costs of the application, including the cost of engaging two counsel.
Approached for comment, Mthethwa’s spokesman Zweli Mnisi said all operations carried out were under the control of the police management.
“The minister does not give orders to say on this or that day police must target a certain area or individual.”
Hawks spokesman McIntosh Polela referrered questions to the police ministry.
Ipid spokesman Tiyani Sambo said: “This does not affect our investigation in any way. We don’t want to make any further comment.”
DA safety and security spokeswoman Dianne Kohler Barnard said: “More and more there is an indication that this is a political case, but I don’t know who is behind it.
“If this was illegal, what other processes are being carried out in this way? The police seem to be prejudging this case and treating these men like criminals when they have not yet been found guilty.”
One of the arrested policemen, who did not wish to be named, said: “We knew all along that this was a witch-hunt and this concession confirms our suspicions.
“Fortunately we have an independent judicial system which can deal with matters such as this. We believe this is the first step to proving our innocence.”
There are at present 30 policemen before court facing 116 charges, including racketeering, murder and defeating the ends of justice, in connection with the allegations that a death squad was operating from the now-disbanded unit.
All the policemen were suspended last month, pending internal disciplinary hearings, which have yet to get under way. They will appear in court again at the end of this month.
