Rams Incorporated, representing rape-accused Sjava, real name Jabulani Sihle Makhubo, have written to the South African minister of police Bheki Cele, addressing among other things correspondence to the SAPS recording their client’s displeasure with action attributed to the spokesperson of SAPS, Limpopo Brigadier Mojapelo!
“Letter 2 sent on the 6th of March. No response” wrote Sjava. According to the letter made available by Sjava on social media, his displeasure arises from an article published in the Sunday World on 2 March 2020, which purports to record contents of a complaint’s file pertaining to allegations of rape levelled against their client by Lady Zamar. “In the said article Brigadier Mojapelo states that the police had completed their investigation against our client and he referred the matter to the National Prosecuting Authority for a decision on whether to prosecute,” reads the letter.
Rams Incorporated also states that the standing order (General) 156 pertaining to “MEDIA COMMUNICATION IN THE SOUTH AFRICAN POLICE SERVICE” provides that:
“[4] no member, irrespective of right, may in any way furnish any information to the media, a private institution or an individual, if the publishing or disclosure of such information may –
(i) defeat or obstruct the cause of justice;
(ii) contravene the provision of any act;
(iii) hamper or interfere with a specific investigation; or
(iv) embarrass or discredit the service”
They further state that paragraph 14 of the said Standing Order titled: “EQUALITY AND IMPARTIALITY”, records:
[3] care must be taken not to create any impression that the service is involved within a vendetta against, or is victimising any institution, group or individual”.
“By providing access to the media to the contents of the complainant’s file, in instances where our firm on behalf of our client has not been provided such access, it is clear that the intention of the mentioned spokesperson was to become embroiled in a case that has undoubtedly became a news sensation.
“The sharing of the contents of the file with the media of matters which are prima facie defamatory of our client can only serve to prejudice our client’s reputation in the eyes of the broader society. It must be emphasised that the NPA is yet to take a decision on whether or not to prosecute our client.
“The prejudice suffered by our client from the publication of this defamatory material will be marked if the decision is not to prosecute, as such disclosure would have served no purpose but to cause embarrassment,” reads the letter from Rams Incorporated.
Rams Incorporated states that the action of the SAPS spokesperson referred to in the article has caused Sjava substantial injury to his reputation.
“Accordingly, we are instructed to demand, that the SAPS confirm whether:
11.1 It made available the contents of the complainant’s file to the said media house; and
11.2 Provide a full explanation as to why it deems such conduct competent and/or appropriate.
“We are instructed to demand a full explanation to be provided by no later than Wednesday, 11 March 2020. Needless to say, our client’s rights remain strictly reserved,” wrote Wandile Moeketsane of Rams Incorporated.
The first letter that was sent to the minister of police by Rams Incorporated is dated 5th of March 2020 and the second letter is dated 6th March 2020.
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