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News Date: 19 July 2002
The PAC's provincial leader in Limpopo, Maxwell Nemadzivhanani, has come out strongly against the arrest of three leaders of the Tshivhase community after a community meeting last Tuesday.
The police arrested Nicholas Dangale and Japie Ligege of the Tshivhase Crisis Committee and a youth leader, Avhatakali Nethononda, who was arrested for the second time on Wednesday morning.
Dangale and Liegege, both PAC provincial members, were arrested immediately after a report-back community meeting held at the Presbyterian Church in Tshitereke, Vhufulwi Village, together with Talukanyani Thidiela. Dangale, who is the PAC's provincial secretary, Ligege, who is the PAC's provincial organiser, and Nethononda where charged with public violence and assault, while Thidiela was charged with assault.
The community submitted a memorandum to the area commissioner's office on 20 June, in which they demanded that the Scorpions should investigate all ritual murder cases in the area since they have lost faith in police. The community also demanded the transfer of Area Commissioner Masepa Maepa and members of the serious and violent crimes unit. They also demanded the establishment of an office of the Independent Complains Directorate and the emptying of Mavhola Dam, which they believed might have many ritual murder victims in it.
The memorandum was faxed to the Limpopo MEC for Safety and Security, Dikeledi Magadzi, the Office of President Thabo Mbeki and the Office of the Public Protector. In her reaction, which was handed to the Crisis Committee in the area office on Monday, Magadzi said that the matters of an investigation by the Scorpions, the emptying of Mavhola Dam and the establishing of a branch of the ICD do not fall within her jurisdiction.
The MEC said there was not enough information to prove that the serious and violent crimes unit and Maepa were failing. She therefore advised the community to help provide information that could substantiate these allegations.
She also said her office was committed to solving the problems at Tshivhase, which is the reason why she has offered R100 000 for information that can lead to the arrest and prosecution of Tendani's killers.
Meanwhile, the Public Protector, Adv Bulelani Ncuka, responded that they cannot investigate the ritual murder cases as these are "out of their scope".
Dangale, Ligege and Nethononda were released on R1 000 bail each with the condition that they should report to the police station every Saturday between 08:00 and 16:00. They are also not allowed to address any kind of gathering, including a church meeting.
Thidiela was given bail of R500. The accused will all appear in court again, together with the other more than a hundred Tshivhase community members, on 27 September.
Nemadzivhanani said the arrest and bail applications given to the three members were more political than judicial. "What I can say is that the criminal justice system seem to be playing to the tune of the ANC's political demands to silence any voice which is outside an ANC forum. The court should not play a role of a political priest who blesses any decision coming from the ANC ruling elite, but instead it should uphold the law in defense of ordinary citizens," said Nemadzivhanani.

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