Your hands are dirty –Mzwinila tells DPP
Spira Tlhankane | Monday January 19, 2026 18:37
Mzwinila states under oath that his ordeal began stealtkily without a charge sheet, without a warrant, and without explanation before escalating into what he describes as an all-out campaign of intimidation by investigators.
In a detailed answering affidavit now before the court, Mzwinila paints a picture of a man hounded by law-enforcement officials who, he claims, decided he was guilty long before any evidence was tested against him by a competent court of law. He says the investigators have “egregious conduct”, which demonstrates “bad faith litigation” and improper use of coercive statutory powers. Mzwinila also says the applicant does not approach the court with clean hands.
He details in the affidavit that from the very beginning, he was treated as a suspect to be broken, not a citizen entitled to the protection of the law. According to him, the investigation began without him being formally informed of any allegation against him. He says investigators appeared unannounced, demanded access to his personal and professional spaces, and refused to clarify the basis of their interest.
“No charge followed. No prosecution ensued,” he deposes. What followed, he says was a steady escalation of raids without dignity. Mzwinila further alleges that investigators conducted raids on his premises in a manner calculated to humiliate and intimidate him.
“In or about June 2025, the DCEC sought and obtained a warrant which led to the search of my home and premises, the detention of myself, my wife and our children and the seizure of electronic devices and business records,” he says, adding that documents and electronic devices were seized without proper engagement or courtesy. He claims the raids were conducted in full view of colleagues and staff, damaging his reputation and professional standing.
“The family impact was severe and enduring. The DCEC has not produced an inventory of the property seized to date as this inventory is critical for the protection of our rights and property,” he asserts.
He maintains that he cooperated fully throughout, despite what he describes as aggressive questioning and intimidation. Mzwinila wants the State’s application dismissed with costs because he feels that the latter’s detentions were intimidatory and served no investigative purpose. Central to Mzwinila’s affidavit is the assertion that the investigation has been driven by malice rather than evidence. Mzwinila argues that the manner in which the investigation was conducted has already inflicted irreversible harm. He says his name has been dragged through the mud without a single charge being laid warning that the damage to his reputation may never be undone.
Additionally, Mzwinila tells the court that the greatest damage of the investigation has not been financial or professional, but personal. He says his family was dragged into an ordeal they neither caused nor deserved, subjected to fear, uncertainty and public suspicion.
“This application does not arise in a vacuum. It is the latest escalation in a sustained campaign which, for more than a year, has subjected my family, my employees, and my businesses to coercive state power without the laying of charges, the formulation of a prosecutable case, or the disciple of a criminal trial,” he states in the affidavit.
Still in the affidavit, he describes how flagging his family’s passports by the DCEC sent shockwaves through his household, leaving his wife and children traumatised. “The DCEC caused the flagging of my passport, my wife’s passport, and the passports of our children, including a minor child. That flagging was effected through an internal memorandum addressed to immigration authorities. That memorandum did not remain confined to official channels. It was circulated in the media, giving rise to further publications portraying my family as subjects of criminal sanction,” he states.
Amongst other issues, says the investigation intruded deeply into the private life of his family, disrupting schooling, work and their sense of safety. He insists that the conduct of investigators failed to account for the constitutional rights of his family members. As matters currently stand, Mzwinila says he remains under the shadow of an investigation that has yielded no charges but continues to intrude into his life.
He insists that his affidavit is not an attempt to evade scrutiny, but a plea for lawful conduct.