Law enforcement agencies may have been clumsy in handling the warrant of arrest for ANC secretary-general Ace Magashule after the spokesperson for the elite police unit, known as the Hawks, confirmed his arrest before his appearance in court.
The confirmation of the warrant of arrest, which comes weeks after the Hawks dismissed a media report saying it had been issued for a top-six leader of the ANC, is unlikely to dent the Hawks’ case relating to the so-called asbestos heist but it could add fuel to allegations that the agency is part of a plot to embarrass him in a political witch-hunt.
On Tuesday, the Hawks, which normally never confirm the identity of a suspect before their appearance in court, confirmed to multiple media houses that a warrant had been issued for Magashule and would be issued to him on Friday, when he is due to appear in court.
As a result, news of Magashule’s imminent court appearance broke in the media before he had been formally notified of the arrest warrant that had been issued against him.
“He has not actually been provided with the summons and, at this stage, we actually have no idea of what charges he will face,” a source close to Magashule told Business Day.
It soon became apparent that the SA Police Service’s head office was acutely aware that the unprecedented confirmation may amount to a significant misstep, particularly in the context of Magashule’s repeated accusations that he was being targeted for a “Hollywood-style” arrest.
The handling of the arrest warrant has the potential to add fuel to allegations that the charges against him are part of a political witch-hunt, a similar tactic used by his allies.
But his appearance in court and the charges will also be one of the biggest tests for the ANC and its anti-corruption drive spurred on by President Cyril Ramaphosa.
Ramaphosa and the ANC have come under increasing pressure as allegations of corruption related to tenders for the provision of personal protective equipment for health-care and other front line workers during the height of the Covid-19 crisis led to an upsurge in public anger over the misuse of state resources.
In the wake of this, the party’s national executive committee (NEC) took a decision that all members who were facing formal charges in court would have to step down from their positions in the party and government. However, this decision has not been implemented, with the ANC officials still looking at how to formulate the rule and legal implications.
This has meant that those such as MP Bongani Bongo, who is now facing two separate charges of corruption in court, have not yet been forced to step aside from their positions.
This could be a loophole for Magashule, who would have to step down from his position if the NEC’s decision is enforced.
Capt Lynda Steyn, the Free State Hawks official who confirmed the Magashule arrest warrant, told Business Day that all queries were now being directed to “the national office”.
She stressed that she had not announced the existence of the arrest warrant but had merely responded to queries sent to her. “Mr Magashule’s lawyer had been informed about the summons by that time. I don’t know where the leak happened,” she said.
Magashule’s lawyer, Victor Nkhwashu, has not responded to questions from Business Day about whether he had received a copy of the warrant, having earlier declined to comment on the basis that he was in a meeting.
But a senior prosecuting authority official, speaking on condition of anonymity, has expressed concern about the “deeply naive” way that the Hawks had dealt with the saga.
“How do you explain the premature confirmation of information about this matter?” the official asked.
“Even if this was a completely innocent mistake, it really doesn’t look good. This case, more than any other, has the potential to blow up politically if it is not done by the book.”
The National Prosecuting Authority (NPA) “and the country, simply cannot afford that”.
While the asbestos case against Magashule is being handled by the Hawks, the NPA’s Investigating Directorate has spent over a year probing his involvement in the Estina dairy project scam, in which millions of rand that had been intended for poor black farmers was allegedly funnelled to Gupta family associates.
As yet, though, the NPA has not launched that long-awaited prosecution.
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