By: ANG Reporter
ANC member and Umkhonto We Sizwe Military Veterans Association (MKMVA) spokesperson Carl ‘Mpangazitha’ Niehaus has called for citizens’ arrest of under-fire President Cyril Ramaphosa.
The call follows after former State Security Agency (SSA) director-general Arthur Fraser laid a criminal case against Ramaphosa related to the 2020 robbery at his Limpopo farm during which millions in foreign currency was stolen.
So far, there hasn’t been any indication from the Hawks or the National Prosecuting Authority (NPA) whether Ramaphosa would face any criminal charges despite the damning allegations against him.
Niehaus said: “Under the circumstances, with what had been revealed about the criminal shenanigans at Phala Phala farm of Cyril Ramaphosa, it will be, in terms of the Criminal Procedures Act, No 51 of 1977 (the CPA) and the Constitution of SA, Act No. 108 of 1996, perfectly correct and reasonable for any South African citizen to carry out a citizen’s arrest of Ramaphosa.”
Niehaus added: “I would like to urge all of us, as concerned South African citizens, whenever and wherever we get the chance to do exactly that and to arrest Cyril Ramaphosa immediately, and take him to the closet police station.”
Niehaus called on citizens to “act legally at all times, but with singular determination that criminals must be apprehended”.
Niehaus said arrests by private persons are governed by the Criminal Procedure Act, No. 51 of 1977 (the CPA) and the Constitution of the Republic of South Africa, Act No. 108 of 1996 (the Constitution), and consider the following:
(1) Any private person may without warrant arrest any person:
(a) who commits or attempts to commit in his presence or whom he reasonably suspects of having committed an offence referred to in Schedule 1:
(b) whom he reasonably believes to have committed any offence and to be escaping from and to be freshly pursued by a person whom such private person reasonably believes to have authority to arrest that person for that offence;
(c) whom he is by any law authorised to arrest without warrant in respect of any offence specified in that law;
(d) whom he sees engaged in an affray;
(2) Any private person who may without warrant arrest any person under subsection (1) (a) may forthwith pursue that person, and any other private person to whom the purpose of the pursuit has been made known, may join and assist therein.
(3) The owner, lawful occupier, or person in charge of property on or in respect of which any person is found committing any offence, and any person authorised thereto by such owner, occupier, or person in charge, may without warrant arrest the person so found.
Sub-s. (3) substituted by s. 13 of Act No. 59 of 1983
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