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The DA welcomes the Independent Complaints Directorate’s (ICD) agreement to conduct an investigation into the arrests of two Sowetan journalists, Penwell Dlamini and Antonio Muchave, and the confiscation of their equipment, by Hillbrow police on 29 December 2010. Last week I called for this independent investigation to take place, and we welcome the fact that the ICD will now be carrying out our request.

A copy of the ICD’s letter of confirmation follows below.

These two journalists were arrested while covering a story on the eviction of nine families from Regal Court flats in Johannesburg city centre. The journalists had their cameras and cellphones confiscated despite there apparently being no evidence that their photographic activity was interfering in the work of the police. The journalists were apparently detained at the Hillbrow police station for about an hour.

Section 69 of the SAPS Act provides parameters in which the police may legitimately limit photographic activity that may interfere with their work, and from the evidence that has been presented publicly, it appears clear that no arrest could have taken place in terms of section 69 in this particular instance.

Firstly, this investigation needs to shed light on why two arrests took place, and upon what basis the police confiscated equipment.

Secondly, the ICD needs to investigate the fact that various police officials have given completely contradictory accounts of why these events transpired. On the one hand, Police Spokesperson Noxolo Kweza condemned these arrests as unacceptable; on the other, Station Commander Col. Van Rhyn maintained that the arrests were perfectly legitimate.

It is a point of concern that there appears to be a growing trend of arbitrary police arrests of journalists. The arrest in August of Mzilikazi wa Afrika of the Sunday Times rightly created a national outcry, but the two arrests last week were treated in a far more low-key manner. We must be careful not to allow such events to become commonplace.

We therefore welcome the decision that the ICD’s Gauteng office will launch an investigation into these events, and we hope to receive the outcome of this investigation swiftly. If wrongdoing has transpired, then we need to ensure that disciplinary steps are taken against those who are responsible for what appears to be an abuse of police power on the free media.