The urgent application launched by Nomachule Gigaba, the wife of former minister Malusi Gigaba, to have her arrest and prosecution declared unlawful will be heard at the high court in Pretoria on Thursday.
Gigaba says her arrest was an orchestrated scheme to intimidate and bully her.
She says it was also to ultimately gain unlawful access to her gadgets to delete specific information.
Gigaba was arrested in August following claims that she damaged a luxury car by scratching it.
She was released on bail of R5000.
The Hawks are opposing her urgent application, saying her arrest was justified.
Gigaba’s lawyer Victor Nkwashu says the matter involves her constitutional right, so it’s clearly urgent.
Her case on charges of assault and malicious damage to property has been postponed to the 23rd of October.
Gadgets part of criminal investigation
At her first court appearance last month, Gigaba’s lawyer said the Hawks had seized his client’s devices as part of a criminal investigation into allegations that she had sent insulting text messages to an unidentified man.
Gigaba had spent a night in a jail cell after she got into a domestic quarrel with her husband, who subsequently laid charges against her.
In the video tweet below, Gigaba and her lawyer are seen at the Brooklyn police station addressing the media after she went to go collect her gadgets.
Nkwashu alleges that her electronic devices were seized by the Hawks without a seizure or search warrant:
Former Finance Minister Malusi Gigaba’s wife #nomagigaba says she has not been formally presented with a conspiracy to murder charge, by the police. She alledges, that her electronic devices were confiscated by the Hawks without a search and seizure warrant.#sabcnews #NormaGigaba pic.twitter.com/76wk6P0Sjr
— Ofentse Setimo (@Stimoroller) August 4, 2020