Gauteng Hawks head Maj-Gen Ebrahim Kadwa has initiated a legal challenge against acting police minister Firoz Cachalia in a bid to have his phone returned to him. He says the phone has sensitive information on it and “state secrets”.It was seized by police this month during Kadwa’s arrest in a case related to a breach of the Precious Metals Act and a charge of defeating and obstructing the course of justice. These charges emanate from a 2021 case. Kadwa faces charges alongside police crime intelligence operational support head Maj-Gen Feroz Khan and businessperson Tariq Downs. Kadwa, in papers filed this week in the high court in Johannesburg, describes the allegations against him in that case as “unfounded”. He argues that on May 10, the police had a warrant to arrest him but had no warrant to seize his phone. He is seeking a court order directing the police to return his phone and further prohibit the police from seizing it again without consent or court order. In court papers, Kadwa said he refused to give police officers the phone’s pin code to protect sensitive information. “I refused to provide the pin code, citing the fact that my phone contained state secrets and other sensitive data which as head of the DPCI (Directorate for Priority Crime Investigation), I could legally not share with them, given the fact that from an administrative law point of view, it was not even clear to me whether anyone of these officers had the requisite administrative and executive clearance to see the sensitive information entrusted to me,” he argued. Kadwa’s application about the seizure is similar to that of Khan, who is also seeking to have his devices returned by the police. He also says there was no warrant for a search-and-seizure in his home. “I need to point out the fact that nowhere in the J50 warrant [of arrest] is my mobile indicated as one or any of the pieces of property or articles to be seized by PKTT [political killings task team],” Kadwa said. The police in Khan’s case argued that the warrantless search was necessary because they struggled to gain entry to his home for three hours. Kadwa says no search was conducted in his home, but his state phone was seized and retained after he was released on bail. Kadwa says he used the SIM card in the seized phone for 22 years. It contained most of his professional and personal information. “Furthermore, I also have my municipal utilities together with a host of other accounts that are falling due and payable at end of May. Notice comes through [that] device, hence, I need my device back, given the fact that the biggest parts of my entire personal life are basically locked up in this mobile phone.” He argued that the litigation, with respondents being Cachalia, acting police commissioner Lt-Gen Puleng Dimpane, police crime intelligence head Lt-Gen Dumisani Khumalo and investigating officer Calvin Khorommbi, is urgent.“The urgency in this matter stems from the fact that my mobile device, which was unlawfully seized … contains extremely sensitive work-related information, which I am legally enjoined to ensure does not end up in the wrong hands,” Kadwa says. “As a diligent major-general who has dedicated 40 years of my life to protecting the South African public, I refuse to sit back and not fulfil my duty, in spite of the unfounded allegations levelled against me currently. “Hence, I need my mobile device back, so that I should continue to fulfil my duties of protecting the integrity of ongoing investigations.” The case has been scheduled for hearing in the high court in Johannesburg next week.