DA to press criminal charges against Bheki Cele and Fannie Masemola for illegal spy equipment

19 July 2023

In an alarming revelation, Police Minister Bheki Cele has acknowledged, in response to a DA parliamentary question, that the South African Police Service (SAPS) purchased spy equipment known as "grabbers" without obtaining the necessary exemption certificate under the Regulation of Interception of Communications and Provision of Communication-Related Information Act (RICA) from the Minister of Justice.

The Minister of Justice, Ronald Lamola, separately confirmed to the DA that the use of this equipment without a valid exemption certificate is unlawful and constitutes a criminal offense.

A "grabber" is a device capable of intercepting calls, SMS messages, and cloning cell phones, effectively transforming a phone into a tracking and surveillance tool. This intrusion on citizens' right to privacy raises serious concerns about the ANC government's potential to monitor and spy on political opponents, media, and critics of the party, risking the erosion of a democratic state into a fear-inducing dictatorship.

Despite numerous unsuccessful attempts to obtain an exemption certificate, Minister Cele proceeded with the illegal acquisition of the grabbers, along with National Police Commissioner Fannie Masemola. This reckless action not only defies the rule of law but also represents a direct violation of their duties and responsibilities as leaders in the country.

According to the RICA, and as admitted by Minister Cele himself, Section 45(1) unequivocally prohibits the manufacture, assembly, possession, sale, purchase, or advertisement of such listed equipment. As SAPS possesses these grabbers, which fall under the category of listed equipment, Cele and Masemola, being in positions of leadership and knowledge, knowingly allowed a criminal offense to occur, compromising the privacy rights of every South African.

This blatant disregard for the rule of law and abuse of power as outlined in the Constitution warrant serious consequences. Minister Cele and National Police Commissioner Masemola must face criminal investigations, potentially leading to up to 10 years of imprisonment, in accordance with RICA.

Consequently, the DA is taking action and will lay criminal charges against both Bheki Cele and Fannie Masemola, as leaders of SAPS, for their involvement in the unlawful possession of illegal grabbers. The charges will be filed at Cape Town Central Police Station, and the media will be duly informed of further developments.

Issued by Andrew Whitfield, DA Shadow Minister of Police, 19 July 2023