Police demand to vet Phiyega stories
November 10 2013 at 03:12pm
By CANDICE BAILEY
By CANDICE BAILEY
INDEPENDENT NEWSPAPERS
National police
commissioner General Riah Phiyega File photo: Sizwe Ndingane
Johannesburg - In the latest attempt to contain damaging reports
involving national police commissioner Riah Phiyega, police have demanded to
see every report regarding intercepted communications before publication.
They insist they are not trying to intimidate Independent Newspapers
titles - which carried the reports on Phiyega - but protecting the integrity of
criminal investigations. IOL is the online division of Independent Newspapers.
The demand comes one week after the
police invoked an apartheid law to try and force the newspaper group to hand
over the intercepted conversation reported in The Sunday Independent,
threatening to interdict future publications.
The conversation between Phiyega and
Western Cape provincial commissioner General Arno Lamoer has resulted in the
Independent Police Investigating Directorate (Ipid) probing both officers.
Phiyega, who informed Lamoer during the
conversation that he was being investigated, is facing internal charges of defeating
the ends of justice. The calls were intercepted by the crime Intelligence
division.
In a letter from the office of the
state attorney this week, the police said: “We furthermore request (Independent
Newspapers) to demonstrate their co-operation in this matter by timeously
forwarding a copy or copies of any articles to be published with reference to
the taped conversation for our client’s perusal and comments, prior to
publishing the said articles.”
The police said the newspaper group’s
co-operation would prevent the probe being compromised.
“You will appreciate the fact that it
does not serve the interests of justice to attempt to investigate and combat
crime, only to have the attempt thwarted by media reports informing the very
suspects of the criminal investigation that they are not only being
investigated, but that their conversations are being intercepted in this
regard.”
Independent Newspapers’ lawyer Pamela
Stein told the Office of the State Attorney that the request amounted to a
“serious infringement on (Independent Newspapers’) right to freedom of
expression”.
Independent Newspapers had no
obligation in law to provide the police with material it intended to print and
could not make such an undertaking, she said.
“(Independent Newspapers) is cognisant
of its obligation to report news in a manner that is both lawful and fair,
which includes a duty, in applicable circumstances, to offer the subject matter
of critical reportage a right of reply. (Independent Newspapers) has no
intention of breaching this obligation,” said Stein in the letter.
Responding to their allegation that
further articles would compromise the investigation, Stein said the information
on the tapes suggested the investigation had already been compromised by
Phiyega when she informed Lamoer that he was being investigated.
In last week’s letter police relied on
the Protection of Information Act from 1982 to force the media house to accede
to their demands.
The act is however being repealed by an
equally controversial bill, dubbed the Secrecy Bill.
In this week’s letter, police justified
the use of the act. “We appreciate the fact that the constitutionality or
otherwise of this act has been the subject of numerous debates surrounding tho
new information bill. However and until the promulgation of a new act on this
subject, we are strictly within our rights to rely on the preserved
legislation,” said De Lange.
SA National Editors’ Forum chairman
Mpumelelo Mkhabela said it was clear “Phiyega and her cops are trying to harass
the newspapers… We appeal to them to desist… Their actions might result in
journalists feeling threatened to do certain stories. This is a high-profile
matter involving the commissioner and her top lieutenants and it… involves
serious allegations against her… Crime Intelligence should realise that while
they are doing their work in covert, and some of it is justifiably gratified,
when there are allegations of wrongdoing it can’t be swept under the carpet,”
he said.
Mkhabela said police should proceed
with their investigation as any revelations in the media could not stop the
investigation from proceeding.
Police spokesman Solomon Makgale did
not respond to media queries on Saturday.
candice.bailey@inl.co.za
The Sunday Independent
