This was a statement made by Janho Engelbrecht, DA member on the Portfolio Committee on Justice, while debating the recent move by the Minister of Justice and Correctional Services, Ronald Lamola. The SAPS has been permitted to access the public’s devices in an attempt to curb crime, however, it was revealed they had already been eavesdropping before the exemption was granted. 

As much as Engelbrecht agrees that this is needed, he stated the Minister of Police, Bheki Cele, had previously spent at least R102 million of taxpayers' money to purchase grabbers. “SAPS, trusted with enforcing the law, broke it themselves.”

“When in 2019 the SAPS spent millions to purchase such equipment, it was illegal, as there was no exemption granted at the time, which raises the question, why were they purchased and for who?” he asked. 

Engelbrecht made the argument that the information that was acquired by the SAPS through the grabbers could not be admitted in court because it was obtained illegally. He also put on the spotlight during his debate that the Independent Police Investigative Directorate has unsuccessfully investigated the procurement of the grabbers. It is understood that the SAPS’ exemption to wiretap people’s devices will last until 2028.

A grabber is a device that can intercept communication, this goes for text messages. Grabbers can also turn a phone into a tracker and eavesdrop on conversations. He emphasised the matter that as much as this will help fight crime if such equipment ends up in the wrong hands, it could be used dangerously against the citizens of the country. Engelbrecht also touched on the issues of privacy as outlined in the Constitution.

The exemption was submitted by Lamola on 15 March 2023, and some of the Members of Parliament believe the exemption came a little too late, this is as minister after minister before Lamola denied granting the exemption. In terms of the Regulation of the Interception of Communications and Provision of Communication Act no one in the country may own, manufacture, sell, or advertise equipment that can track or obtain information from devices without the targeted person being informed.

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