Cape Town jogger Chumani Maxwele, who was arrested by President Jacob Zuma’s VIP protection unit for allegedly raising his middle finger at Zuma’s motorcade, said his “so-called letter of apology” means nothing because it was written under duress.
“The letter was not written under oath, as has been claimed by the police ministry,” an angry Maxwele told the Mail & Guardian this week. “The so-called apology was made because I was instructed to write one at 10.15 in the evening and told I would be released by midnight. They said I had to write the letter to justify them releasing me.
“No one could have ignored an instruction like that. The letter is totally invalid.”
Maxwele (25) says he was given paper and a pen; he wrote the letter but he was not released. Two National Intelligence Agency officials questioned him for three-and-a-half hours the next morning. They also asked what he was holding - the letter — and wanted to make a copy of it. “I said they could — because I never felt it was an apology,” he said. “I just needed to go home.”
Maxwele is not a sociology student at the University of Cape Town, as has been reported. He said he has been granted access to campus research facilities.
Maxwele was arrested while jogging on De Waal Drive two weeks ago. He claimed his hands were tied behind his back with cable and a black hood was placed over his head. Dressed in a sleeveless vest, shorts and takkies, he was bundled into a black BMW X5 by three policemen carrying AK-47s.
His lawyer, Neil O’Brien, who is handling Maxwele’s case, said Maxwele had asked him to institute a civil claim against the minister of police for damages.
“We consider Mr Maxwele’s case a very serious instance of abuse of police power,” said O’Brien.
Police spokesperson Zweli Mnisi has alleged Maxwele raised his middle finger at the president and swore at the vehicle, but Maxwele disputes this — he said he gestured for the cars to move on as the sirens were excessively noisy.
In his “letter of apology” he wrote that he “waved his hand in disapproval” at the noise of the sirens.
Maxwele says he is suffering sleepless nights and is outraged that the police have claimed he has “two previous criminal records”, relating to common assault and riotous behaviour. “I was not convicted in either case. In the first my girlfriend accused me of common assault and withdrew the charge; and in the other I was stopped for not having a rail ticket.
“How can they say I have a criminal record when I was not convicted of any crime?”
Maxwele said he is disappointed that Zuma did not appear concerned when he spoke to journalists about his arrest this week and had referred to his “letter of apology”.
“This is a human rights issue,” said Maxwele, an ANC member.
“It would have been nice for the president to acknowledge what happened to me at the hands of his police. But at the end of the day it is about what the individual believes in.”