Acting public protector advocate Kholeka Gcaleka has declined to further investigate the conduct of Hawks officers during a search and seizure of items belonging to Zamaswazi Majozi, also known as “Sphithiphithi Evaluator”, and her family in August 2021.
Gcaleka said her office has learnt the matter was the subject of criminal and civil proceedings and Majozi was legally represented.
“On the basis of the above, the public protector is disinclined to engage in a parallel investigation with a matter pending before a court of law, particularly in a criminal matter, to avoid the misalignment of findings between the office and the courts or the potential of conflicting decisions or being seen as defeating the ends of justice,” she said.
The investigation was prompted by a complaint lodged on September 14 2021 by Democracy in Action (DIA), a civil society organisation.
The Germiston woman is alleged to be behind the Twitter account @African Soil, Sphithiphithi Evaluator, which police claimed was used to instigate the July 2021 unrest.
When DIA lodged the complaint, it said Majozi’s devices had not been returned to her after three weeks, and there was no indication when she would get them back. As a result, Majozi’s family was negatively affected because she and her husband were not able to communicate with their clients, while their child could not do his schoolwork. In DIA’s view, this was a violation of the family’s human rights.
Acting public protector drops ‘Sphithiphithi Evaluator’ case
Image: 123RF/3Drenderings
Acting public protector advocate Kholeka Gcaleka has declined to further investigate the conduct of Hawks officers during a search and seizure of items belonging to Zamaswazi Majozi, also known as “Sphithiphithi Evaluator”, and her family in August 2021.
Gcaleka said her office has learnt the matter was the subject of criminal and civil proceedings and Majozi was legally represented.
“On the basis of the above, the public protector is disinclined to engage in a parallel investigation with a matter pending before a court of law, particularly in a criminal matter, to avoid the misalignment of findings between the office and the courts or the potential of conflicting decisions or being seen as defeating the ends of justice,” she said.
The investigation was prompted by a complaint lodged on September 14 2021 by Democracy in Action (DIA), a civil society organisation.
The Germiston woman is alleged to be behind the Twitter account @African Soil, Sphithiphithi Evaluator, which police claimed was used to instigate the July 2021 unrest.
When DIA lodged the complaint, it said Majozi’s devices had not been returned to her after three weeks, and there was no indication when she would get them back. As a result, Majozi’s family was negatively affected because she and her husband were not able to communicate with their clients, while their child could not do his schoolwork. In DIA’s view, this was a violation of the family’s human rights.
During a consultation with the public protectors on October 6 2021, Majozi’s husband Nhlankanipo Majozi submitted the devices included cellphones, laptops, tablets, a router and a memory stick.
Gcaleka said the public protector’s office had launched a preliminary investigation focused on whether the Hawks officials followed due processes and complied with the applicable regulatory framework, including any orders of the court, while effecting the search — and if not, whether such conduct was improper as envisaged in the constitution and maladministration in terms of the Public Protector Act.
Majozi is suing the state and the National Director of Public Prosecutions, Shamila Batohi, for unlawful arrest and malicious prosecution. The case against her was thrown out of court in March after several postponements.
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