High Court confirms that filming police is legal
The High Court in Johannesburg has ruled that citizens can question officers and record them without fear of arrest.
READ | Survey shows aggressive policing not inspiring trust
This comes after attorney Jacobs was wrongfully arrested for filming a roadblock near his home.
The court found the arrest unlawful and awarded Jacobs R250,000 in damages.
The High Court judge stressed that asking questions and demanding explanations is not interference with police duties.
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Daily Maverick
37 minutes ago
- Daily Maverick
‘Sick to my stomach' — Minister Macpherson lays criminal charges against suspended IDT CEO, spokesperson
Minister of Public Works and Infrastructure Dean Macpherson has laid criminal charges against suspended Independent Development Trust chief executive Tebogo Malaka and spokesperson Phasha Makgolane, vowing to 'win the war' after a brazen attempt to suppress a corruption investigation. Macpherson laid the charges on Thursday afternoon at Cape Town Central Police Station, a day after Daily Maverick published footage showing Malaka and Makgolane offering investigative journalist Pieter-Louis Myburgh R60,000 in cash to shut down a probe into corruption at the IDT. Earlier communications with Makgolane included offers of monthly R100,000 payments and even the opportunity to nominate contractors for lucrative tenders. 'It made me sick to my stomach and left me in disbelief,' Macpherson said about the footage. He emphasised his personal commitment to combating wrongdoing, saying he would 'personally open cases against those accused of criminality because I must lead from the front'. The charges include corruption, bribery, collusion and multiple breaches of fiduciary duties under the Public Finance Management Act. The affidavit cites sections 3, 4, 12, 13 and 20 of the Prevention and Combating of Corrupt Activities Act and calls for a broader investigation into other possible crimes stemming from the incident. Lerato Modisana, spokesperson for the IDT, said: 'As previously indicated, the IDT Board is actively considering the matters raised in the recent media coverage. We fully acknowledge the seriousness of these allegations and the heightened public interest they have generated. 'At this point in time, there are no additional developments we can share publicly. Once the Board has concluded its internal processes and is in a position to report on verified outcomes, a formal communication will be issued and we will ensure that all relevant stakeholders, including the media, are informed when the time is right.' Macpherson's affidavit calls for wide probe The minister describes the actions of Malaka and Makgolane as 'an assault on the institutional framework of government' and 'an attack on not only the free press but on our democracy'. In the affidavit, he states that the CEO and spokesperson acted 'in unison, both equally complicit in attempting to bribe Mr Myburgh, rig tender processes, commit corrupt activities and elicit payment for a favour'. He added that Makgolane, as the IDT spokesperson, had knowledge of the scheme but failed to disclose it, despite an obligation to do so. Hawks asked to step in The minister has formally requested that the case be transferred to the Hawks and treated with urgency. He also asked the police to investigate: Whether other journalists were similarly approached; The coordination of funding of a disinformation campaign to discredit himself, IDT board chairperson Zimbini Hill and his department; The use of fake news articles, fabricated voice notes and call logs, and bot-driven anonymous accounts to spread lies; The role of politically connected individuals and public commentators in amplifying this misinformation; and Any additional acts of corruption linked to attempts to silence the media and obstructive oversight. 'There is clearly a network of individuals in the IDT who guarantee outcomes in exchange for cash,' Macpherson said. Rot exposed The bribery attempt stems from Myburgh's investigation, published in October 2024, into a R836-million PSA oxygen plant tender. A PwC forensics report, released to the department and the Hawks last week (but not yet publicly available), confirmed that the IDT awarded contracts to unlicensed companies and recommended disciplinary action against Malaka for procurement irregularities, missing documentation and a deliberate disregard for the process. 'Under Ms Malaka's leadership, the IDT operated without the most basic governance and risk controls,' Macpherson said. 'The environment of impunity has now spilled beyond tenders into attempts to manipulate the media and obstruct public accountability.' The offer to Myburgh, giving him the option to nominate contractors for IDT tenders, spoke to how 'rotten' the supply chain process was in the IDT from start to finish. The minister noted that even before he assumed office he was aware of the 'serious and long-standing allegations surrounding the IDT'. He described it as 'an entity in crisis, a state institution meant to serve the public but instead consumed by dysfunction'. Fallout at the IDT The IDT board met last night to understand what processes will unfold with regards to the disciplinary case against Malaka. Macpherson detailed the conditions of her suspension, saying: 'There are conditions that were attached to her suspension. One of those was that she may not leave Gauteng without permission of the board and that she may not speak to anyone from the IDT. 'I think it's safe to assume that those two [conditions] may have already been violated by her being here (Cape Town) the day after with an official from the IDT.' The bribery attempt, involving Malaka and Makgolane, took place at a wine farm near Stellenbosch. Makgolane's position is 'peculiar', according to Macpherson, since he is personally contracted to the CEO, which complicates disciplinary action. Meanwhile, the newly appointed IDT board, tasked with cleaning up the embattled entity, has been instructed to audit all contracts issued under Malaka, trace the money flows and pursue anyone complicit in wrongdoing. Lifestyle audits of the executive are also under way, Macpherson said, adding a joke about the potential impact: 'I'm just worried there might not be many executives left by the time they finish.' He also revealed that one or two resignations have already been submitted from the department, 'from people who didn't want to commit to [the process]', implying a direct link between the audits and these departures. E-procurement systems were also being fast-tracked to curb manual interference in IDT tenders. The 'best sanitiser' In the wake of these events, Nicki Gules, head of news at News24 and a member of the South African National Editors' Forum, praised Myburgh's decision to go public on SAfm this morning. '[He] did what he could to protect himself, and he did the best thing. He made this public. The best sanitiser is daylight,' she said in the interview. She called the attempted bribe deeply troubling and not necessarily rare, and urged journalists to record any attempts to influence or bribe them. She also underlined the importance of adhering to the Press Code as the ethical roadmap for journalists: 'We cannot, I mean, certainly cannot take any inducements to stop an investigation of any sort.' Winning the 'war' Macpherson believes this case is not isolated and forms part of a larger scheme involving political networks, pointing to what he called a 'well-paid and well-organised' campaign to shield criminal actors from scrutiny and undermine institutional accountability. 'It is even more shameful that political parties such as ActionSA and the EFF helped to shield those accused of corruption by endorsing these false reports. South Africans should be demanding answers from them on how they benefited from this campaign,' Macpherson said. He specifically called out 'dubious reporting' by The Star newspaper and a discredited TimesLIVE opinion piece earlier this year, which was later retracted, as part of the disinformation offensive against reform efforts at the IDT. This afternoon (Thursday), ActionSA posted on X that it would host a discussion on TikTok LIVE at 7pm today, led by MP Mika Ngobeni, about the minister's 'offensive and racist remarks'. Despite facing what Macpherson describes as 'fierce resistance', he believes the tide is turning. 'We have the upper hand and we are winning the war against them.' He has urged the public not to look away from wrongdoing and to 'speak up and bring that information to us'. He committed to personally shielding journalists, whistle-blowers and honest officials who expose corruption.
The Citizen
an hour ago
- The Citizen
High Court ruling affirms citizens' right to question police without fear of arrest
The Johannesburg High Court has ruled that South African citizens have the right to question and record police officers without being arrested or intimidated. This judgment followed a case brought by attorney Shaun Jacobs, who was unlawfully arrested during a police roadblock outside his home. Read more: Police boss plans to take back Johannesburg Jacobs approached officers at the scene to ask that the roadblock be moved due to the disturbance it was causing in the residential area. After his request was disregarded, he began recording the scene with his cell phone, a move that led to his arrest. Despite remaining calm and respectful throughout, Jacobs was detained overnight in harsh conditions. According to a document from the Southern African Legal Information Institute, Jacobs was handcuffed, taken away without any explanation, and later falsely accused of being aggressive and intoxicated, however, video evidence submitted to the court clearly showed Jacobs peacefully filming the police, and testimony from his wife confirmed his composed and sober demeanour. The judge who presided over the case dismissed the claims made by the arresting officer, and ruled that Jacobs' conduct in recording and questioning the police did not amount to any form of criminal offence or interference with police work. 'Citizens are entitled to ask questions and are entitled to explanations from the law enforcement officers in respect of their conduct. That cannot be regarded as interference with the execution of their lawful duties.' The court found the arrest, and subsequent 26-hour detention, unlawful. Jacobs was awarded R250 000 in damages, R100 000 from the minister of police for unlawful detention, and R150 000 from the metro police for the unlawful arrest. Legal experts have hailed the ruling as a crucial precedent that upholds the values of freedom, dignity, and accountability enshrined in South Africa's constitution. This ruling comes at a time of heightened public concern around police misconduct. Fourways Review reached out to police spokesperson Brigadier Athlenda Mathe, who indicated she would consult their legal team, and to Captain Mavela Masondo on August 4. Despite multiple follow-ups to both, no response was provided to the questions below, sent for further insight. The Johannesburg High Court recently ruled that citizens have the right to question and record police without fear of arrest. Is SAPS aware of this judgment, and what is the department's reaction to the ruling? In light of this case, where an attorney was awarded R250 000 after being wrongfully arrested for filming a roadblock, how does SAPS plan to ensure officers understand and respect the public's constitutional rights in similar situations? How does SAPS feel about the court's message, that asking questions or demanding explanations is not considered interference with police work? Does the service view this ruling as a need to relook at internal training or conduct at roadblocks? Follow us on our Whatsapp channel, Facebook, X, Instagram and TikTok for the latest updates and inspiration!
IOL News
an hour ago
- IOL News
Minister Macpherson takes a stand against corruption by charging suspended IDT CEO
Public Works and Infrastructure Minister Dean Macpherson has requested the Independent Development Trust Board to investigate all contracts that were issued under suspended CEO Tebogo Malaka's tenure. Image: Armand Hough / Independent Newspapers Public Works and Infrastructure Minister Dean Macpherson on Wednesday said he took personal responsibility to open charges against suspended CEO of Independent Development Trust (IDT) Tebogo Malaka and the trust's spokesperson because he would have missed the public outrage had he not done so. Speaking to the media outside the Cape Town police station, Macpherson also said he had made an undertaking that he would deal with officials involved in criminality. 'I think if I didn't take personal responsibility over this issue, I would be missing how angry South Africans are about this. I have been very clear to the officials of the department that if it comes to light that you are involved in criminality, I will personally take you on,' he said. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Ad loading Macpherson also said responsibility and leadership could not be outsourced to anyone else. 'I have taken the step to be here this afternoon, and to say that when I say something, I mean it. It is a warning to anyone who contemplates criminality that it will not just be a function of the department or the board, but they will come up against me as the executive authority entrusted to lead this department.' Macpherson made the statement after he opened criminal charges against Malaka and IDT's spokesperson Phasha Makgolane after they were captured on video allegedly offering Daily Maverick journalist Pieter-Louis Myburgh R60,000 to not investigate and report about the suspended CEO. Macpherson said watching the video of Malaka allegedly offering Myburgh a bribe made him sick and left him in disbelief. 'It's one thing to hear about corruption; it's another thing to see it take place so blatantly and with a feeling of impunity. This stands in complete opposition to everything that I believe in and stand for.' Macpherson also said he took an oath to serve the public, protect the Constitution, and safeguard the country's precious public resources. 'This oath does not allow me to tolerate corruption. It does not allow me to make excuses for wrongdoing, and every action we take, whether releasing forensic reports, suspending officials only, or criminal cases, it is about building a state that is capable, ethical, and trustworthy.' Macpherson said the allegations remained deeply disturbing and that they were not just a criminal act, but an assault on the institutional framework of government to provide services to the people of South Africa, especially in the social infrastructure space that the IDT is responsible for. 'Attempting to bribe a journalist to bury the truth is an attack not only on the free press, but on our democracy. It is an attempt to silence accountability, to undermine public confidence and to shield corruption from exposure.' Macpherson stated that since assuming office, they faced fierce resistance, not just from within the bureaucracy, but through an organised and well-paid for and funded campaign to protect criminal entrenched interests when they began restoring order and integrity at the IDT. 'This network has been aided and abetted by political parties like ActionSA and the EFF, and sadly, members of the media,' he said. 'I have personally been the target and Miss Hill, by the way, of coordinated disinformation campaigns, including fabricated voice notes, false call logs and WhatsApps, which again, and it doesn't surprise me, are circulating again this morning to try and suggest that Miss Malaka is a victim of all of this fake news articles which were published by outlets and even on the front page of some newspapers, and then they had to retract them once the evidence was put on the table.' Macpherson said the narrative that he was paying journalists to attack the IDT was not only false, but it turned out to be a projection of what they were doing. 'They said we are paying journalists, and it turned out that they were then paying journalists.' He was convinced that the attempt to buy cooperation was not an isolated incident and that the criminal charges did not exist in a vacuum. 'They are directly connected to the systematic failures and alleged corruption that we have uncovered in the PwC forensic investigation into the R800 million PSA oxygen plant tender, the findings of which are released to the public last week, that investigation exposed companies who awarded contracts without valid separate licenses, a project that ballooned from R216 million to R592 million and without justification.'
