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Norma Mngoma arrest by Hawks was unlawful

Michelle Marlowe by Michelle Marlowe
February 12, 2021
in South Africa
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Norma Mngoma arrest by Hawks was unlawful
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Norma Mngoma’s arrest by the Hawks in July 2020 has been declared unlawful following her damaging Malusi Gigaba’s car.

 Norma Mngoma arrest by Hawks was unlawful

Norma Mngoma was arrested for domestic violence, assault, malicious damage to property, and crimen injuria in relation with her ex husband, Malusi Gigaba. She was arrested after damaging Malusi’s Mercedes-Benz G-Wagon following an outburst about Malusi’s cheating scandal.

 Norma Mngoma arrest by Hawks was unlawfulIn her defense, Norma said her arrest  “points to the extreme provocation and involuntary conduct traceable to the type of abuse many women face in our country at the hands of their spouses, who are serial philanderers”. Norma alleges that the arrest was an intimidation tactic.

“The entire arrest was an orchestrated scheme to intimidate me, to bully me and ultimately to gain unlawful access to my gadgets, to delete specific information and to violate my privacy.

The purpose for the deletion is completely nefarious, unlawful and potentially constitutes a criminal offence. That it has been perpetrated in conjunction with the Hawks is totally unconscionable, ” she said.

Norma Mngoma arrest by Hawks was unlawful

Norma’s case was heard by Presiding Judge Cassim Sardiwalla in the High Court in Pretoria. “The respondents are ordered to restore all the information unlawfully removed from the applicant. The respondents are directed to return the information that was downloaded from the electronic gadgets of the applicants…” the judge said.

This was in relation to Norma’s devices that were seized. Upon arrest, the Hawks took Norma’s phone and cellphone. Last year Norma’s lawyer revealed that the devices were not taken lawfully. “She was not shown a warrant of search and seizure and she did not consent to taking the items,”  he said.

Upon return, a lot of data had been deleted. The High Court has also ordered the restoration of the data that was removed from her devices by the Directorate for Priority Crime Investigation (DPCI).

“The respondents are ordered to restore all the information unlawfully removed from the applicant. The respondents are directed to return the information that was downloaded from the electronic gadgets of the applicants…” the judge said.

Information removed included

  • Emails sent and received between December 2014 and December 2015;
  • Emails regarding international trips undertaken between 2015 and 2018;
  • Text messages sent and received between 2014 and 2015;
  • Pictures taken during local and international trips.

Norma Mngoma is set to appear before the State Capture Commission to reveal what she knows about Malusi Gigaba’s relations with the Guptas. This was after she revealed on eNCA that the Guptas had paid for their wedding and had given Malusi Gigaba money.

 

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