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.
The Sunday Independent