Hawks boss loses battle to block cops accessing phone
Gauteng Hawks head Ebrahim Kadwa has lost his legal bid to prevent police from accessing his seized mobile phone. The court ruled that the seizure was lawful under the Criminal Procedure Act, allowing the state to use the device's data in ongoing investigations.
Why it matters
This case highlights the tension between law enforcement investigative powers and individual privacy rights regarding digital evidence in high-profile corruption cases.
Gauteng Hawks head Maj-Gen Ebrahim Kadwa has no choice but to give police access to his phone, which he says contains state secrets.
This comes after he suffered yet another blow in his legal challenge to block the state from accessing information on it.
The Johannesburg high court dismissed Kadwa’s application for leave to appeal to the Supreme Court of Appeal (SCA) a judgment that dismissed the bid to have his phone returned.
The phone was seized by the police in May during Kadwa’s arrest in a case related to a breach of the Precious Metals Act and a charge of defeating and obstructing the course of justice.
The state intends to give the Madlanga commission inquiry evidence obtained from the phone. To stop the state from accessing his phone, Kadwa now has to seek special leave to appeal directly to the Supreme Court of Appeal.
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