Pretoria - Police Minister Nathi Mthethwa says he is concerned about the Human Rights Commission's approach in the case of Cape Town student Chumani Maxwele, who was arrested for gesturing at a presidential convoy.
The SAHRC has found that members of the Presidential Special Protection Unit violated Maxwele's rights.
In February last year, members of the unit arrested and detained Maxwele for gesturing with his middle finger at a convoy of police vehicles, which was transporting President Zuma.
During the incident, Maxwele was also alleged to have resisted arrest. This led the FW de Klerk Foundation's Centre for Constitutional Rights to lodge a complaint at the SAHRC on behalf of Maxwele.
The police ministry informed the SAHRC that there was a civil litigation that had been instituted against South African Police Service (SAPS) regarding this incident and that the case had been filed in the Cape Town courts.
On numerous occasions, the minister has appealed to the SAHRC not to prejudge the outcome of this case and to allow the legal process, which Maxwele opted to use, to take its course.
"Any apology by the minister would be tantamount to pre-judging the case," he said.
On Thursday, the SARHC said: "After conducting an investigation into this matter, the commission found that indeed, the following rights were violated namely: Human Dignity (Section 10); Freedom and Security of the Person (Section 12); Privacy (Section 14); Freedom of Expression and peaceful/unarmed demonstration (Sections 16 & 17); Political Choice (Section 19) and the Rights of Detained Persons (Section 35)."
The commission also recommended Mthethwa apologise to Maxwele and take steps to ensure the SAPS acts in terms of the Constitution and the law.
However, Mnisi said the ministry has concerns about the manner in which the investigation was carried out by the commission and whether all parties, including the Presidential Special Protection Unit personnel, were actually afforded an opportunity to be heard and put their sides of the stories forward.
The only correspondence we received from SAHRC indicates that they wish the minister to make an apology and that they have ruled in favour of Maxwele. We have not been given an opportunity to see on what basis the commission arrived at this decision.
"Finally, it would appear the SAHRC does not fully understand the structural reporting lines and operational functions within SAPS," said Mnisi.
According to Mnisi, the command and control lies with the National Commissioner of Police and not the minister.
"The question further arises whether the National Commissioner was even provided with an opportunity to answer the allegations levelled by Maxwele," he said.