2 May 1997

Dear Mr Mufamadi

The FXI protests in the strongest terms the arrest on April 30 of City Press journalist Mapule Sibanda on a charge of illegal possession of narcotics.

Sibanda, who was working on an investigative story on the availability of drugs,  had contacted the police a week earlier in good faith to inform them that she was in possession of the drugs and that she wanted them to conduct forensic tests to determine their authenticity and potency. Sibanda bought the drugs - a single mandrax tablet, a "pinch" of cocaine powder, and single rock of crack - during the course of her story. She explained this to the police beforehand who, while warning her that she could face arrest, still encouraged her to come in so that they could conduct the tests. Sibanda was arrested as she handed over the drugs to narcotics detectives.

The FXI regards her arrest as draconian particularly since she had contacted the police in good faith to declare the drugs and explain the context in which she acquired it. This action on the part of Sibanda, as well as the fact that she had approached the police to conduct the forensic tests, should have been enough evidence of her innocence and should not have warranted the criminal charges which she now faces. It is hardly likely that either a drug addict or a drug dealer would approach the police to declare drugs and request them to conduct forensic tests.  Indeed, the action against Sibanda amounts to the harassment of a journalist trying to pursue a story in the public interest.

The FXI does not believe in any special privileges for journalists and Sibanda’s arrest would have been equally reprehensible even if she was not a journalist. Her arrest sends a bad message to the media about the extent to which police are prepared to identify and eradicate crime, as well as to members of the public who in good faith may wish to declare and dispose of illegal drugs by approaching the police. Faced with the prospect of arrest and criminal charges, members of the public will have no reason to trust the police and the old perception of the police as enemy of the people will be reinforced.

The FXI strongly calls on you to intervene and ensure that the charges against Sibanda are withdrawn immediately.

Yours faithfully
 

Raymond Louw
Chairperson: FXI Executive Committee

cc: Mr George Fivaz
      Commissioner of Police