The charges laid by the DA’s Andrew Whitfield are in connection with the SAPS’ illegal possession of spy equipment, known as “grabbers”. Whitfield said Cele admitted the SAPS unlawfully purchased grabbers without obtaining the required certificate of exemption under the Regulation of Interception of Communications and Provision of Communication-Related Information Act (RICA) from the Minister of Justice. 

“The possession of such equipment without a valid exemption certificate constitutes a criminal offence, as confirmed by the Minister of Justice himself. This breach compromises privacy rights and SA’s rule of law. We demand accountability for the violation of citizens’ privacy rights,” said Whitfield.

The DA in Parliament previously highlighted that the SAPS, trusted with enforcing the law, broke it themselves. 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 police have 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 this is needed, he stated Cele previously spent at least R102 million of taxpayers' money to purchase grabbers. “SAPS, trusted with enforcing the law, broke it themselves. When in 2019 they 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?”

No one in South Africa may own, manufacture, sell, or advertise equipment that can track or obtain information from devices without the targeted person being informed.

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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