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Her affidavit points to other factors that, according to her, make her arrest illegal and “dire.” Malicious damage to property and the crime of injury were not priority crimes, he said and should not have involved the Hawks. And ‚the Hawks who were involved in their arrest‚ Sergeant Norton Ndabambi and Major General KM Mavuso ‚were from the Hawks’ office in Mpumalanga rather than the Pretoria or Johannesburg offices where the alleged crimes occurred -” the specific officers who arrested me were acting outside their area of geographic and legal jurisdiction, ”says Mngoma.
She says she was denied the right to legal representation twice: when her devices were taken, about 10 days before her arrest, and she asked to speak to a lawyer, “they told me that the right to speak to a lawyer does not apply to investigations conducted by the Hawks, but only to investigations conducted by the regular police ”.
When she was taken to the Brooklyn Police Station on a Friday night, “Mr. Ndambambi spoke blatantly to my face and said, ‘She will spend the entire weekend in cells. Even your lawyer will not be able to help you because we are going to go away with the files and turn off our phones. “
“The plan orchestrated with my husband was to keep me in custody all weekend,” says Mngoma. In fact, at the Brooklyn Police Station, where she was detained, incidents were recorded in the event book, but there were no statements or files attached, she says.
Mngoma said that when his legal team finally got their hands on the file, “it convincingly established that there is absolutely no basis for the arrest.”
Regarding the criminal offense charge, Mngoma says that the “climax” of Siyaya’s statement to the Hawks was that Mngoma insulted him saying that “he suffers from AIDS and is a dog that sleeps with all women and also receives caresses ”. The exact content of the text message is not repeated in Mngoma’s affidavit, but she says her SMS never said she was HIV positive. “Even if it were, it is not a crime to say that a person is HIV positive,” she says.
On the charge of willful damage to property brought by her husband, Mngoma says the “confession” she gave to the Hawks was illegally obtained because she was not informed of her rights, including her right to an attorney.
In the “confession” statement he made to the police, he says: “Malusi Gigaba and I had differences and I have been harboring anger against him and, finally, because I think he has extramarital affairs. On the 20th around … 8pm in 2020 I broke down and took a vegetable slicer and scratched the car ”.
But Mngoma says that this statement was not only obtained illegally, but that no crime is disclosed: “On the contrary, it points to extreme provocation and involuntary behavior attributable to the type of abuse faced by many women in our country at the hands of their spouses, who are serial ladies’ man. In short, the statement itself reveals a valid defense at law. Consequently, it is essentially exculpatory. “
Source: ARENA Holdings.
