The Grahamstown High Court has dismissed with costs an attempt to reclaim material confiscated in a Hawks raid on the East London City Hall.
Buffalo City Metro (BCM) speaker Luleka Simon-Ndzele and former mayor Zukiswa Ncitha took on Hawks investigating officer Captain Lupumlo Lwana in court last year after Lwana, allegedly without a warrant, seized draft minutes and audio recordings of a council meeting held on April 29.
In a report handed to Simon-Ndzele on the matter, it was alleged Lwana, accompanied by another officer, threatened “terrified” BCM employee Ncumisa Sidukwana with arrest unless she cooperated.
In her court papers, the speaker said she received a second report from employee Bob Naidoo, who also claimed he was threatened with arrest by Lwana, who “coerced” him into handing over the minutes and “verbatim records of the council meeting”.
A similar report detailing threats made by Lwana was allegedly submitted by then CFO Vincent Pillay.
Ncitha and Simon-Ndzele had asked the high court for an urgent interdict forcing Lwana to hand back the documents and tapes.
They argued that he had no just cause to seek the information, did not have a search warrant and refused to return the minutes and recordings.
Lwana’s action’s came at a time when suspended BCM manager Andile Fani was unable to secure – through his lawyers – the minutes of the meeting in which a decision to suspend him was taken.
But Grahamstown High Court Judge Thami Beshe said Ndzele’s account of what happened to the other employees was hearsay.
But in an affidavit before the court, Naidoo said he had consulted with the metro’s legal unit before releasing the material Lwana was after.
“At no stage did Lwana threaten to arrest me or harass or intimidate me or interfere with my duties,” Naidoo’s affidavit read.
Beshe said Naidoo’s affidavit settled the matter “beyond contention”.
“Fani confirms that he approached and advised him that he had been served with a letter of intended suspension ... this was an attempt to ensure that he does not testify in the criminal trial in question,” said Beshe.
- The Mandela funeral scandal case involving Ncitha, Simon-Ndzele, BCM senior councillor Sindiswa Gomba, Ondela Mahlangu, former deputy mayor Themba Tinta, ANC regional secretary Phumlani Mkolo and other BCM service providers is due in the East London Regional Court on April 11. — bonganif@dispatch.co.za
Speaker’s bid against Hawks thrown out
Buffalo City Metro (BCM) speaker Luleka Simon-Ndzele and former mayor Zukiswa Ncitha took on Hawks investigating officer Captain Lupumlo Lwana in court last year after Lwana, allegedly without a warrant, seized draft minutes and audio recordings of a council meeting held on April 29.
In a report handed to Simon-Ndzele on the matter, it was alleged Lwana, accompanied by another officer, threatened “terrified” BCM employee Ncumisa Sidukwana with arrest unless she cooperated.
In her court papers, the speaker said she received a second report from employee Bob Naidoo, who also claimed he was threatened with arrest by Lwana, who “coerced” him into handing over the minutes and “verbatim records of the council meeting”.
A similar report detailing threats made by Lwana was allegedly submitted by then CFO Vincent Pillay.
Ncitha and Simon-Ndzele had asked the high court for an urgent interdict forcing Lwana to hand back the documents and tapes.
They argued that he had no just cause to seek the information, did not have a search warrant and refused to return the minutes and recordings.
Lwana’s action’s came at a time when suspended BCM manager Andile Fani was unable to secure – through his lawyers – the minutes of the meeting in which a decision to suspend him was taken.
But Grahamstown High Court Judge Thami Beshe said Ndzele’s account of what happened to the other employees was hearsay.
But in an affidavit before the court, Naidoo said he had consulted with the metro’s legal unit before releasing the material Lwana was after.
“At no stage did Lwana threaten to arrest me or harass or intimidate me or interfere with my duties,” Naidoo’s affidavit read.
Beshe said Naidoo’s affidavit settled the matter “beyond contention”.
“Fani confirms that he approached and advised him that he had been served with a letter of intended suspension ... this was an attempt to ensure that he does not testify in the criminal trial in question,” said Beshe.
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