SAPS in possession of illegal spy equipment

Dear Editor

• Bheki Cele admitted that SAPS are in possession of illegal spy equipment without the necessary exemptions.
• This flagrant disregard of the rule of law is an abuse of power in terms of the Constitution given that the RICA Act makes it clear that no person may possess such listed equipment.
• The DA will submit a complaint to the Independent Police Investigative Directorate (IPID) to investigate the unlawful possession of the listed, illegal spy equipment.

In a shocking admission made by Minister of Police, Bheki Cele, to a parliamentary question from the Democratic Alliance (DA), the Minister, in no uncertain terms, has admitted to having full knowledge of SAPS possessing illegal spy equipment without the necessary exemptions, which are granted by the Minister of Justice and Correctional Services.

In his written response, he states that “the South African Police Service (SAPS) was in possession of the listed equipment, before the Regulation of Interception of Communications and Provisions of Communication-Related Information Act (RICA) came into effect and there was equipment procured after the promulgation of RICA.”

“Section 45(1) of the RICA states that… no person may manufacture, assemble, possess, sell, purchase or advertise any listed equipment”.

The Minster then tries to confuse the reader by saying that the above sections “do not apply to any telecommunication service provider… or law enforcement agency which, manufactures, assembles, possesses…. listed equipment under the authority of a certificate of exemption issued to him or her”.

In the very next paragraph, he then admits that no such exemption has ever been granted. What makes matters worse is that despite possessing listed equipment before the promulgation of RICA, he brazenly states that under his leadership, SAPS purchased more illegal equipment despite RICA, making it a criminal offence.

This flagrant disregard of the rule of law is an abuse of power in terms of the Constitution. The Minister, together with the National Police Commissioner, are guilty of knowingly contravening RICA and must face criminal investigations, which, in terms of RICA, can lead to imprisonment of up to 10 years.

The DA will be submitting a complaint to the Independent Police Investigative Directorate (IPID) to investigate the unlawful possession of the listed, illegal spy equipment and determine whether both the Minister and National Police Commissioner should be held liable for their knowledge of the purchase and possession of spy equipment without an exemption from the Minister of Justice.

Regards

Okkie Terblanche MP
DA Shadow Deputy Minister of Police