Cape Town - The Hawks will oppose the application by Eastern Cape Premier Oscar Mabuyane to interdict the elite police unit from investigating him, the head of the unit Godfrey Lebeya said on Friday.
“We have, indeed, received in September a notice of motion that was tabled in the Eastern Cape High Court that is situated in Bhisho.
“Based on that notice of motion, on September 22 the State attorney also filed a notice of intention to oppose, which means from that period the matter will take a civil route,” Lebeya told the public broadcaster.
“At this stage we can indicate that the counsel has been enlisted to provide the necessary documents, which are required in terms of requirements for a civil process,” he said.
Mabuyane launched his court application last month asking the court to review and set aside the decision of the Hawks to refuse to provide him with information in its investigation file.
He also wants the court to declare the decision to continue with the investigation unconstitutional, unlawful and invalid.
The premier also wants the elite unit to be interdicted from continuing with investigation and pay the costs of his application.
The Hawks have 15 days upon receipt of the notice of motion to furnish him with the record of investigation or give intention to oppose the application.
In the papers, Mabuyane takes issue with the investigation being conducted by the Hawks members form the Free State, the residential province of suspended ANC secretary-general Ace Magashule, whom he fingered for instigating the probe.
He also wants facts around the allegations and the supporting documents that he was allegedly promised while giving a warning statement.
In his affidavit, Mabuyane mentioned the Hawks wanted to quiz him in connection with a Jeep Cherokee bought by SALP Holdings director Lisolomzi Sogayise for his personal use and the renovations at his East London house.
Lebeya said the prosecution-led investigation started in May 2019 and was completed in March.
He said Mabuyane was given an opportunity to state his side of the story as part of their normal procedure.
“I will not deal with the merits of the case and what is contained in the case.”
Lebeya, however, said he would not dwell on the reason why Mabuyane was probed by members of the Hawks from the Free State.
“That will be part of reply which will be contained in the affidavits. It will be explained,” he said.
But, Lebeya said the Hawks were a national entity and he could assign anybody anywhere in the country.
He named instances where such has happened, including the eThekwini waste investigation and investigations in municipalities in the Free State.
Lebeya pointed out that the investigating officer indicates to any suspected person what the allegations were.
“As to whether the other party feels that is sufficient to respond is something else. That is already tabled in the civil court, it will be entertained there.”
Responding to the perceived instigation of investigation by Magashule, Lebeya said everyone has the right to believe whatever perception he or she may have.
He hastened to state that their probe started in May 2019 when the complainant went public and that they would not be distracted by certain views that suggested that it was instigated by developments that may have occurred in 2021.
Lebeya said in the Hawks there were provincial heads who accounted to him.
“We are not taking instructions from different quarters of political spaces,” he said.
Meanwhile, legal expert Mkhuseli Vimba said there were slim or no chances of success in Mabuyane’s application.
“The issue of knowing what you are charged on is never provided before the completion of an investigation.
“You rely on investigators asking questions and replying to them,” he said.
Vimba said a person was served with an indictment upon appearing before the court.
“When you are arrested there is no indictment.
“You only get it on the second or third appearance to say these are charges,” he said.
“It is unheard of for someone to demand an indictment, especially at an early stage of an investigation.
“At this stage he is not charged and after the investigation the Hawks may be satisfied that there is a case to answer or to stop it,” he said.
mayibongwe.maqhina@inl.co.za
Political Bureau