Friday, June 1, 2012

Police’s controversial new broom

Acting police chief Nhlanhla Mkhwanazi is being hailed as a hero for his efforts in cleaning up the police force and taking steps to remove officials like embattled crime intelligence boss Richard Mdluli, who are seen as hampering performance and undermining the force’s reputation.

If there was any doubt as to Mkhwanazi’s motives, within days of signing notices of suspension against Mdluli and financial crime intelligence head Major-General Solly Lazarus, Mkhwanazi was quoted in the Sunday Independent as saying: “I am a cop. I want the police environment to have clean cops. If we want to fight crime we must rid the SAPS of criminals and stay with clean cops.” Mdluli has been accused of both murder and corruption – allegations that become all the more disconcerting when one considers that his policing responsibility, crime intelligence, is central to fighting graft. Mkhwanazi’s spokesperson Lindela Mashigo said: “(Mkhwanazi) has an unwavering determination to tackle crime and root out corruption within and outside the police service.”

His most recent move has been to put fresh security checks on crime intelligence unit members, “believing that half of the unit is corrupt”, it was recently reported in the Independent press. Three senior officers were issued with transfer notices on Tuesday 29 May and about 200 covert operations members have been told they will be subjected to a security-vetting clearance and have until Friday 1 June to comply.

Mkhwanazi’s strong position on corruption within the force is not without reason. A study by Transparency International looking at six Southern African countries revealed that the police are seen as the most corrupt in the public service. The survey, which spoke to more than 6 000 people in South Africa, Mozambique, Malawi, Zambia, the Democratic Republic of Congo and Zimbabwe between 2010 and 2011, found that 62% of people believe corruption has got worse in the last three years. On top of that, a recent Corruption Watch report revealed rampant corruption in the Johannesburg Metro Police Department, with 150 000 of the city’s drivers – one in four – asked for a bribe in 2010.

Following the suspension of Mdluli and Lazarus, Mkhwanazi has requested a full report into the police intelligence slush fund and how money has been spent, which will add to investigations by the Hawks. In the eight months since the acting national police commissioner took office, Mkhwanazi has shown his mettle and his willingness to make some controversial decisions. As Institute for Security Studies crime and justice expert Dr Johan Burger points out, Mkhwanazi’s mere acceptance of the job opened him up to severe criticism, after President Jacob Zuma appointed him over 26 more senior officials. At the time of his promotion Mkhwanazi was a major-general. He was only appointed lieutenant-general after taking up his acting chief role. If those who appointed him expected the BTech graduate in policing with operational, but no administrative experience, to toe the line, then they were seriously disappointed.

Just four months in Mkhwanazi, who had already begun reshuffling some senior officials, made it clear how he intended to proceed with the rest of his tenure as police head. In January 2012 he told 3 000 officers at a briefing ahead of ANC centenary celebrations in Bloemfontein that police would be expected not to show their political affiliations or attempt to interfere with politics. “This event is the first of its kind. We warn you, you might have voted, and might be a card-carrying member of a party, but you are still police," he said. "If I find anyone playing politics, we will deal with you severely."

Mkhwanazi has made two controversial decisions since his appointment that have raised concerns for a public already reeling from the disgrace of two previous national police commissioners. Firstly, he attracted some adverse reaction when he threatened to fire any member of his audit committee found to have leaked the document to the Sunday Times that revealed that over 27000 police officers had failed their firearm proficiency tests, and then he signed documents halting the Hawks investigation into Mdluli. However, Mkhwanazi made an unexpected revelation in parliament in April that the investigation against Mdluli was ongoing – this was despite alleged pressure from the police minister to stop the investigation into the slush fund, and reports that the police chief had stopped the probe. This indicated that Mkhwanazi intended to solve problems within the police his way, and without interference.

He dropped a further bombshell by informing parliament that “powers beyond” the police decided whether a case should be prosecuted or not. This highlighted his frustration with the National Prosecuting Authorities’ decision not to pursue action against Mdluli, as well as other unnamed people. This, the first indication by a police official of political interference in decision-making, saw quick reaction. Mthethwa announced earlier in May that Mdluli had been relieved of his post and would be moved to the operational division pending an investigation. Soon after Freedom Under Law applied for an interdict to stop Mdluli from performing any function as an officer pending a judicial review, Mdluli and Lazarus were issued with notices of suspension. They are allowed to put forward reasons why they believe they should not be suspended.

Guns are once again out for Mkhwanazi, who is attempting to investigate some of the allegations in the Hawks reports. His decision to transfer KwaZulu-Natal crime intelligence boss Major-General Deena Moodley to head the Pinetown cluster of stations is being challenged by Moodley in the labour court. Moodley, who alleges it is a witch-hunt by Mkhwanazi, is accused, among other things, of illegally tapping phones of journalists involved in investigations against suspended police chief Bheki Cele and Mdluli. There are concerns that Mkhwanazi’s hardline position may seriously shorten his career. This is despite him being supported by some in government, including Human Settlements Minister Tokyo Sexwale who endorses Mdluli’s suspension.

There are rumours that former ANC chief whip and current director-general of labour Adv Nkosinathi Nhleko is tipped as the permanent replacement to Cele. Cele is appealing a ruling that found him unfit to hold the commissioner position based on his handling of police lease deals in Durban and Pretoria. Unlike Mkhwanazi, Nhleko and suspended chief Cele are not career policemen, which was often cited as contributing to Cele’s lack of understanding about how the police service functions, and what issues needed to be addressed to correct some deep-seated problems in the organisation.

“An essential ingredient in fighting corruption is a committed and clean police force. Mkhwanazi’s ‘clean cop’ attitude and action will raise the morale of the many good people in the police and increase the confidence of people in our official anti-corruption fighters,” says Corruption Watch head David Lewis.

Source: Corruption Watch

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