By: ANG Reporter
On Thursday, 21 March, the Durban Flying Squad, acting under the directive of Hawks Captain Matseba Moabelo, descended late in the evening upon the home of Durban businessman, Ashveer Dwarikapersadh to execute an arrest warrant that had already been executed and was subsequently cancelled after being judged unlawful in its execution, leading to its dismissal by Johannesburg High Court Judge, AJ Gilbert on 29th February this year.
Despite the legal invalidity of the warrant in their possession, the Flying Squad, under Captain Moabelo’s instruction, proceeded with the arrest at Dwarikapersadh’s residence.
According to sources present at Dwarikapersadh’s residence, during the execution of the unlawful warrant, the two male Flying Squad officers on the scene contacted Captain Moabelo to confirm whether the warrant had indeed already been executed. Shockingly, on loudspeaker and in the presence of Dwarikapersadh’s legal counsel, Captain Moabelo reportedly asserted, “As your superior, I’m telling you to execute the arrest warrant,” leaving the officers perplexed and raising serious questions about the legality and ethics of their actions.
On discovering that Ashveer Dwarikapersadh was not home, in a shocking about turn, the Flying Squad officers changed their focus to the arrest of his wife Krithika Dwarikapersadh after receiving another instruction from Moabelo, this time via email, on a warrant that they did not have in their possession, another flagrant disregard for the Criminal Procedure Act.
This in itself was very suspicious because had the arrest of Krithika Dwarikapersadh been part of the original plans, there would have been a female SAPS officer present for the operation. Even though in South Africa, there is no specific legal requirement that mandates the presence of a female officer during the arrest of a female suspect, it is generally considered best practice for law enforcement agencies to have a female officer present during the arrest of a female suspect, particularly in situations where privacy or decency concerns may arise.
Dwarikapersadh is allegedly in the process of reporting this incident to the Independent Police Investigative Directorate (IPID) for a thorough investigation into the conduct of Captain Moabelo and all those complicit in the failed attempt to execute an unlawful warrant.
This latest development casts a shadow over the conduct of the Hawks and raises concerns about potential abuse of power and disregard for legal due process. The actions of Captain Moabelo and the Flying Squad not only call into question the integrity of law enforcement but also undermine public trust in the judicial system.
Calls for a thorough investigation into the conduct of Captain Moabelo and those involved in the execution of the unlawful warrant are mounting. The implications of this incident are far-reaching and demand swift and decisive action to uphold the rule of law and safeguard the rights of individuals against arbitrary and unjust actions.
Stay tuned for further updates on this developing story as we uncover the truth behind this alarming breach of justice.
