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By Zelda Venter 
3h ago
Norma Mngoma has appealed to the Pretoria High Court to have her arrest declared illegal on July 31, in which her ex-husband Malusi Gigaba was one of the complainants. She has also detailed her experience in jail.
Pretoria – Norma Mngoma, wife of former Finance Minister Malusi Gigaba, will go to court later this month to have her arrest and prosecution declared illegal.
She said her “complete” arrest was an orchestrated plan to intimidate and harass her and ultimately gain illegal access to her devices and delete specific information.
He said his arrest is nothing more than a campaign to tarnish his good name and reputation for dire reasons.
He promised that the names of the participants and their true motives will be revealed in due course after the investigations are completed.
Mngoma made these allegations in documents filed this week in Gauteng High Court, Pretoria, where he requests a warrant vacating his arrest and further prosecution.
He also requests that the confiscation of his devices be made illegal and that all the information that was withdrawn from him be restored.
The lawsuit against the police and the Hawks is due to be heard on September 15.
Respondents have until September 7 to submit their response affidavits.
Mngoma, who uses the surname Gigaba in her affidavit, was arrested on Friday, July 31, at the Gigabas Waterkloof home that she shares with her politically powerful husband.
She was released on bail of R5,000 the following day, a Saturday afternoon. She must appear in court again on September 14.
It is claimed that she had damaged a Mercedes-Benz G-Wagon worth more than R2m that her husband had borrowed.
He also faces a felony libel charge following an alleged text message he sent to Peterson Siyaya, a former unionist.
Mngoma said members of the Hawks first arrived at his home about 10 days before their arrest.
According to Mngoma, her husband had assured her from the beginning that he did not file any criminal charges against her for the car incident.
“I believed him until the truth was later revealed and surprisingly.”
On the first visit by members of the Hawks, they took pictures of the damaged car. They also ordered him to hand over all his electronics.
They insisted on taking each and every device in his possession, he said.
Mngoma said she was petrified and was also denied permission to call her lawyer.
Her husband was home throughout the ordeal, she said. Mngoma also said she was denied permission to call her attorney, as officers said this was not allowed during an investigation by the Hawks.
The agents told her that she was detained because her husband had opened a case against her for scratching the car, as well as for the crime of libel.
However, the officers eventually left after she gave them the pin codes for all of her devices.
Mngoma said that she subsequently went to the Brooklyn police station to inquire about the cases against her and discovered that one case was opened by her husband and the other by Siyaya.
But surprisingly, he said, there were no files or statements from the whistleblowers.
He also established that the Hawks officers involved were not from Pretoria, but from Mpumalanga.
Mngoma said she tried to persuade her husband to ask the officers to return his devices, but despite his promises to do so, he never did.
Finally, you did a SIM swap on your phone and found that some information had been erased.
Mngoma said her devices were eventually returned to her (after she was released from custody) and after she threatened legal action and told her husband that she was going to report the harassment to ANC leaders.
He noted that certain information was removed from his devices and that they were tampered with.
“The full nature and extent to which my devices were tampered with and the information removed is still unclear. All attempts by my attorneys to determine such information have been met with delaying tactics. “
Mngoma said that when she was arrested on July 31 and taken to the police station, she had to spend a night in a cell with two inmates who refused to wear their masks.
She said her arrest and detention was scheduled to take place on a Friday, so she had to spend the weekend in a cell before she could be brought to court, but her lawyer eventually managed to get bail.
Mngoma said that after his legal team was finally able to see the case file against him, it was clear that there was no basis for his arrest.
“It was totally caused by an ulterior and corrupt motive, either to punish me or to seize my electronic equipment,” he said.
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Pretoria News
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