Court finds Norma Gigaba’s arrest unlawful and abuse of power by Hawks
The high court found that the Hawks acted with “malice” in the arrest of former minister Malusi Gigaba’s wife and in that their actions appeared to have been motivated by an abuse of power by the former minister.
The North Gauteng high court in Pretoria has ruled that the arrest of Nomachule (Norma) Gigaba, wife of former finance minister Malusi Gigaba by the Hawks, was unlawful and an act of abuse of power.
“I am satisfied that the evidence before me demonstrates that the fourth and fifth respondents (Hawks) acted with malice, in that their actions appeared to have been motivated by an abuse of power by a former minister,’’ Judge Cassim Sardiwalla ruled.
The judgment was handed down on Thursday, five months after the matter was argued in court following Norma’s urgent application contesting her arrest by the Hawks for alleged malicious damage and crimen injuria.
Norma was arrested in July, at her home in Waterkloof in the east of Pretoria in front of her children for allegedly damaging the car of her husband’s car. She was detained at the Brooklyn police station for one night before applying for bail.
The Hawks claimed that they were investigating the damage to property and crimen injuria case as it was linked to a case of conspiracy to murder against Malusi.
Sardiwalla rejected these claims and said there was no evidence linking Norma to an investigation conducted regarding a conspiracy to commit murder.
“There is no clear evidence of this in the docket and takes the matter no further. It is clear that this is a domestic dispute between two prominent members of society, however, the offences are not deserving high priority of the Hawks.
“The involvement of the Hawks itself speaks to the abuse of power by Mr Gigaba as a former minister in using the state administration for his own personal benefit with the intention to intimidate his wife in a domestic dispute,’’ he said.
“It appears in this matter that the arresting officers (Captain Kenneth Mavuso and Sergeant Norman Ndabambi) abused their power and position as members of the Hawks presumably to avenge a wrong or perceived wrong as complained and alleged by Mr Gigaba and not for any lawful purpose.’’
The court ordered that the arrest and confiscation of Nomachule’s communication technology equipment by the Hawks was unlawful. The court also ordered that the Hawks give Norma all the equipment and information downloaded from her devices.
Furthermore, the Hawks were also ordered to pay the legal fees.
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