SAPS Crime Intelligence: frozen in the political winter of Mangaung

The spy wars in the police’s embattled crime intelligence division are at the heart of a relentless struggle for control between political factions, each fighting to get its man into the much sought-after seat of spy master. Not unlike the Apartheid regime’s security branch, crime intelligence is a notoriously powerful instrument for government, as the eyes and ears on not only the criminal activities of mob bosses, but also the politicians and businessmen with whom they are connected. As this silent battle in the murky world of spies plays itself out in the final days on the road to Mangaung, combating crime has taken a back seat, writes DE WET POTGIETER.

The police’s crime intelligence division – in theory the backbone of crime prevention and the effective combating of crime in South Africa – appear to have become so politicised with factional in-fighting that this expert unit have suffered from paralysis since the struggle for the top post as spy master intensified last year.

“The spy bosses at crime intelligence headquarters in Pretoria are sitting on their hands, too afraid to make a wrong move in the run-up to Mangaung, in case it jeopardises their future in the police.”

That’s how well-placed intelligence sources describe the sensitive circumstances surrounding them.

In the latest saga of dirty tricks in Spy versus Spy – which was a closely guarded secret until now – Daily Maverick can reveal that the Toshiba laptop of acting head of crime intelligence, Major-General Chris Ngcobo, mysteriously disappeared from the boot of his car, together with sensitive intelligence documents.

In a handwritten sworn statement, Ngcobo’s official driver, Ernest Masemola, said he stopped on 24 September with a Ford Focus in Esselen Street, in Sunnyside in Pretoria, to pick up photographs from Photo Plus. From there he travelled to the Brooklyn Mall and then drove Ngcobo to Doornpoort in the north of Pretoria.

“I parked the car outside [with] my commanding officer, Major-General Chris Ngcobo, [and we] both got out of the car. We walked together to the boot of the car and when I opened it we discovered his laptop was missing.”

Police spokesperson Brigadier Phuti Setati declined to comment on the incident.

Ngcobo, a former head of Protection and Security Services in the Free State and a former head of VIP Protection, was appointed as acting top police spy by national police commissioner Riah Phiyega “to bring stability” to crime intelligence after the position was vacated following the suspension of controversial former intelligence chief Lieutenant-General Richard Mdluli.

Both local and foreign intelligence sources voiced their concern to Daily Maverick that soon after his appointment, Ngcobo suspended – until after the Mangaung conference is done and dusted – all official authorisation of telephone tapping for agents working on deep cover operations within organised crime syndicates. This ban on surveillance was recently eased somewhat after an investigating advocate from the prosecuting authority intervened.

According to senior colleagues, Ngcobo is sitting with an explosive docket regarding one of his predecessors as acting head of intelligence – and the main rival of Mdluli to this top post, Major-General Mark Hankel – without taking any action. It has been reliably learned that the dossier recommends that action be taken against Hankel regarding the following two issues:

• The leakage of information;
• The illegal interception of telephone conversations of other government departments as well as the use of the Secret Services Account (SSA).

Hankel, the former head of crime intelligence’s operational intelligence analysis section, is a very powerful officer in the division and had always been seen as the main rival of Mdluli for the top post. He was instrumental in drafting the controversial secret report presented to the inspector general of intelligence, Faith Radebe, earlier this year, outlining the allegations of fraud and misappropriation of the slush fund against Mdluli.

The controversy surrounding crime intelligence culminated last year when, with the stroke of a pen, almost the entire top management of the police’s crime intelligence were instructed to vacate their offices and move to other sections in the SAPS. Reacting soon after the purge, police spokesperson Major-General Nonkululeko Mbatha said that “certain interventions have been done directed at the optimal functioning of the environment.” All this was done in the interest of the service, she added.

In total, 11 members of management received their walking letters, and one of them had been suspended while under investigation by the Hawks. They were redeployed to other sections in the SAPS.

“This was not a spur of the moment decision,” a senior police source close to crime intelligence explained soon after the purge. “The investigation into the activities there had been ongoing for quite some time.”

This drastic move by then-acting national police commissioner, Major-General Nhlanhla Mkhwanazi, was a sequel to the crackdown by the Hawks on the controversial division. Mdluli was the first casualty of the purge after the Hawks chief, General Anwar Dramat, received instructions to clean out crime intelligence, starting at the top. Top Cape Town cop, Colonel Piet Viljoen, was brought up to Gauteng as part of the behind-the-scenes investigation.

For some time now, it has been possible to sense from within the ranks of crime intelligence an eerie atmosphere of distrust since Mdluli’s arrest, especially as the police spies started to panic and closed ranks. (Mdluli was recently cleared of the murder charge, but remains on suspension.)

The next to go was the controversial former Gauteng boss, Joey Mabasa, who fell from grace owing to his wife’s links with the Czech fugitive Radovan Krejcir’s wife. Mabasa took a severance package last year and left the police quietly.

In another strange move by the crime intelligence top brass, the police refused to give reasons for the massive destruction of extremely valuable and sensitive documents and surveillance material regarding the activities of international crime syndicates and local drug lords soon after Mdluli was arrested for murder last year.

It is believed that the purge of the police’s spy unit in November last year was partly the result of the bitter internal political struggle which lead to the panicky destruction of vital evidence that pointed to links by top ANC politicians and family members with crime syndicate leaders.

According to intelligence sources, Operations Dante and Snowman were two top secret intelligence-driven investigations into the links of South African crime bosses with, in particular, the dangerous crime syndicates operating from the Balkan countries – with the main focus on Serbia and Montenegro.

“There were at least 30 targets whose telephones were legally tapped in these operations,” sources closely connected to these deep cover operations said.

Some of the key “targets” the agents were eavesdropping on were, among others, the slain gangland boss, Cyril Beeka, the murdered king of sleaze, Lolly Jackson, the Czech fugitive, Radovan Krejcir, one of his Serbian business associates, Veselin “Vesco” Laganin, and convicted drug dealer, Glen Agliotti.

Asked for comment, the then Hawks spokesperson, Colonel Macintosh Polela, said: “We don’t give out information on crime intelligence operations. As such, I’m unable to respond to any of your questions.”

Since Phiyega took over as police commissioner earlier this year, Mkhwanazi was redeployed. Before she took over the reins, he had been rumoured to be the frontrunner for the intelligence post. Mkhwanazi took the decisive decision last year to suspend Mdluli from his post as intelligence boss pending the outcome of the murder trial.

According to well-placed sources, within days of Mdluli’s arrest, Hankel withdrew particular crime intelligence material from the vaults at crime intelligence head office in Pretoria, and the frantic shredding started around the clock, destroying vital evidence regarding international organised crime syndicates. Hankel, who is regarded as “very knowledgeable”, with a lot of sensitive information, including the criminal activities of influential people, declined to comment.

Showing his hand in this relentless battle for the heart of crime intelligence, soon after his arrest, Mdluli handed the so-called Ground Coverage Report to President Jacob Zuma, in which it is alleged that certain high-profile ANC leaders, including Human Settlement Minister Tokyo Sexwale, KwaZulu-Natal Premier Zweli Mkhize and Bheki Cele, plotted to overthrow Zuma. These claims of a conspiracy against Zuma were vehemently denied.

The Hawks, which relied heavily on information from the police’s crime intelligence division for its own investigations, severed all links, with crime intelligence due to the breach in trust; the working relationship soured when the super cops discovered that the phones of Hawks investigators were being illegally tapped by crime intelligence.

Only a few weeks away, the ANC’s Mangaung conference will define the winners and losers, at least for the time being. One question remains difficult to answer, however: will the police crime intelligence unit ever become what it is supposed to be – an elite department whose only true masters are the people of South Africa? DM

Source: Daily Maverick

Police boss moves against Richard Mdluli

Acting commissioner Nhlanhla Mkhwanazi appears to be defying political attempts to bury the investigation into the former head of crime intelligence. Mkhwanazi has given embattled crime intelligence boss Richard Mdluli and his ally, the manager of the police secret services account, Major General Solly Lazarus, seven days to give reasons why they should not be suspended for a second time. The move may indicate an increasing defiance by Mkhwanazi of political attempts to bury the Mdluli investigation.

The Mail & Guardian has confirmed from three independent sources that Mdluli and Lazarus both received the letters. Brigadier Lindela Mashigo, Mkhwanazi’s spokesperson, would not confirm this, saying it was an internal matter. Mdluli and Lazarus were reinstated on March 27 following a stormy meeting between Mkhwanazi, Police Minister Nathi Mthethwa and inspector general of intelligence Faith Radebe.

The reinstatement – contrary to Radebe’s written advice that criminal charges against Mdluli and ­disciplinary charges against Lazarus should proceed – was widely viewed as having been precipitated by pressure from Mthethwa. Mthethwa has denied issuing such an instruction, but the withdrawal of murder and fraud charges against Mdluli and his return as crime intelligence boss prompted a public outcry. Last week Mthethwa acted to diffuse pressure by announcing that Mdluli would be temporarily transferred from crime intelligence while a ministerial task team ­investigated claims that there was a conspiracy against him by other senior police generals. But Mthethwa’s action did not prevent advocacy group Freedom under Law from launching an urgent application on Tuesday to have Mdluli suspended pending a full high court review of the decisions that led to his reinstatement.

Mkwhanazi’s move against Mdluli may partially defuse the application, but it also suggests that the government is losing control of its attempts to manage the situation politically. Mkhwanazi has previously expressed his unhappiness over how police decisions on certain cases have been dictated by “powers beyond us” – and was understood to be referring to the Mdluli saga.

Zuma told a business breakfast on Thursday there was “no need for alarm” over the government’s handling of Mdluli, but the Freedom under Law application contains new revelations that will ratchet up public concern.

Source: Mail & Guardian

Cele's phone was bugged - report

The Hawks are investigating criminal charges over claims that the phone of suspended national police commissioner Bheki Cele was bugged. “Yes, we can confirm that there is an investigation... It’s at an advanced stage,” Hawks spokesman McIntosh Polela told the Mail & Guardian.

The newspaper reported that Cele’s phone was bugged by his own intelligence division, and that the interception began in late 2010. Approached to comment on the allegations, Cele said he had not initially taken the matter seriously. “I honestly dismissed the rumour of this as a bad joke when they reached my ears a year or so ago. I now have good reason to ask the inspector general of intelligence to investigate this matter... a brazen violation of my rights,” Cele said.

Source: Mail & Guardian

Mdluli: Spy inspector's big doubts

Muddled advice from the inspector general for intelligence, Faith Radebe, on internal disciplinary charges against crime intelligence boss Richard Mdluli appears to have been used as a pretext to reinstate him — while ignoring Radebe's view that the criminal prosecution against him should proceed.

This emerges from a March 6 letter from Radebe to acting national police commissioner Lieutenant General Nhlanhla Mkhwanazi, which the Mail & Guardian has seen. The letter contains a report on Radebe's views on internal disciplinary charges laid against Mdluli and his colleague, Major General Solly Lazarus, at about the time that criminal charges against Mdluli were withdrawn. The letter preceded Radebe's March 19 missive, which found that she had no jurisdiction to conduct criminal investigations and that the National Prosecuting Authority (NPA) should institute criminal charges against Mdluli.

The second letter (the one on March 19) to Mkhwanazi noted: "We are of the opinion that the reasons advanced by the NPA in support of the withdrawal of the criminal charges are inaccurate and legally flawed. We therefore recommend that this matter be referred back to the NPA for the institution of the criminal charges."

In December last year the prosecuting authority withdrew the fraud and corruption charges against Mdluli, and on February 7 a murder charge relating to the 1999 killing of the husband of Mdluli's alleged former lover was also withdrawn. On February 3, police management instituted disciplinary charges against Mdluli. But Mdluli and Lazarus were reinstated on March 27 after a meeting between Police Minister Nathi Mthethwa, Mkhwanazi and Radebe.

This week Mthethwa denied issuing any instruction to Mkhwanazi on the reinstatement.  However, he failed to explain his involvement in the exchange of correspondence between Radebe and the acting national commissioner — who is understood to have resisted Mdluli getting his former job back. In radio interviews, Mthethwa implied there was a contradiction between Radebe's two letters, which his meeting was intended to resolve. But Radebe's March 6 letter reveals that she set out clearly that she would deal separately with the disciplinary case. Her letter stated: "This report will be confined to the disciplinary charges … the requested opinion relating to the criminal charges will follow at a later stage." Mthethwa declined to answer further questions this week, including:

• How he became aware of -correspondence between Radebe and Mkhwanazi;
• Whether he informed President Jacob Zuma about it; and
• How the decision to reinstate Mdluli and Lazarus was reached, given that Radebe recommended disciplinary charges against Lazarus and criminal charges against Mdluli should proceed.

Presidential spokesperson Mac Maharaj this week denied reports in the M&G that Zuma had personally called Radebe about her letters and attended a function last year hosted by Mdluli to celebrate the withdrawal of charges. He did not explain why he had not issued these denials when the allegations were put to him earlier by the M&G.

But Radebe's March 6 letter also confirms some of the allegations against Mdluli, reveals elements of his defence and shows how weak legal reasoning opened the door for Mthethwa to muddy the waters. Radebe confirms allegations that Mdluli's relatives were included in a round of 250 crime intelligence promotions under his watch. This allegation was raised in the internal crime intelligence report dealing with an aborted Hawks investigation into Mdluli.

The report, drafted by former crime intelligence co-ordinator Major General Mark Hankel, was sent to Radebe in November 2011 and published in full by the M&G last week. The Hankel report alleged that the Hawks were probing "the appointment of [Mdluli's] current wife, her brother and other members of her family, his ex-wife, her daughter and his son". Radebe’s letter confirms that "it is common cause that 250 posts were filled, which included the family of Mdluli and his current wife".

But Radebe also argues, mystifyingly, that, because the appointment of Mdluli's relatives comprised only a small percentage of the total appointments, it negated allegations of nepotism against him. She notes: "Four among 250 is negligible and the motive behind … the inclusion of these charges must be questioned." Radebe also confirms that Mdluli took his then-girlfriend, now wife, on a trip to Singapore paid for from the crime intelligence covert fund.

Mthethwa authorised the trip for the supposed purpose of "viewing and purchasing technical equipment for crime intelligence".

However, both Lazarus and another officer also took their wives, but paid for them out of their own pockets.  Mdluli took his then-girlfriend, Theresa Lyons — but charged the expenses to he secret account. Radebe notes: "In respect of the trip to Singapore, we are aware that the auditor general [AG] queried certain expenses related to this trip, in particular the reason for the inclusion of Ms Lyons, a non-employee of the SAPS, on the trip.

"It would also appear that the trip to China in which Mdluli was accompanied by his former wife was queried by the AG. Management of SAPS responded and the AG accepted the response provided in respect of the purpose for the inclusion of Ms Lyons and the role she was to play in the Singapore trip. In addition, the AG accepted the responses pertaining to the China trip."

Citing the auditor general's acceptance of the explanations, Radebe queries the inclusion of these charges against Mdluli and does not appear to consider the possibility that the auditor general may have been misled. But the key area of Radebe's discomfort and seeming confusion relates to the decision to bring disciplinary charges against Mdluli at about the time that criminal charges were withdrawn. She notes: "The timing … becomes vital in our determination as it clearly suggests an ulterior motive and a concerted effort to ensure that Mdluli does not return to his position. This behaviour is tantamount to conduct that is inconsistent with the Constitution and as such must be invalid."

Radebe did not respond to questions on how she arrived at this conclusion, given that the police often delay disciplinary processes pending the outcome of criminal charges. It might have been expected, also, that her legal advisers would take note of the most recent ruling on a similar issue — the Supreme Court of Appeal overturning the famous Nicholson judgment that led to the recall of President Thabo Mbeki. The court held that a prosecution was not automatically invalid because it was initiated for improper motives.

Radebe also felt the fact that only the two top crime intelligence officials (Mdluli and Lazarus) had been charged was indicative of an ulterior motive. She asked: "The question is why? Once again … the only conclusion that can be reached is that this, too, points to another attempt by the investigators to ensure that action is only directed at Mdluli to guarantee his non-return." This "concerted effort" to institute disciplinary charges against Mdluli was unfair, Radebe finds, without citing any legal authority other than the Constitution. She, therefore, finds that the "entire process of the institution of disciplinary charges … must be declared null and void".

* Got a tip-off for us about this story? Email amabhungane@mg.co.za

Source: Mail & Guardian

Presidency denies Mdluli link

"The president has nothing to do with the Mdluli investigation, it is an internal matter within the SA Police Service," the presidency said in a statement.  Earlier in the day, the Mail & Guardian reported that information in a secret document showed Zuma played a role in getting Mdluli's job back after he was suspended last year.

Allegations included that Zuma personally called Inspector-General of Intelligence Faith Radebe to question her decision to refer criminal charges to the National Prosecuting Authority (NPA) to investigate Mdluli. It also alleged that Zuma attended a celebratory party which Mdluli allegedly hosted to celebrate the withdrawal of charges against him in December last year. "These reports are a complete fabrication. The president has never called IG Radebe at any point, and anyone who says he did must produce evidence," the presidency said. "The president knows nothing about a Mdluli celebratory party and never attended such a party."

Mdluli was suspended in May last year after murder charges were laid against him. Following this, fresh charges relating to fraud and corruption in the abuse of crime intelligence funds were levelled at him. However these were provisionally withdrawn in December. In February this year, the NPA announced that the best way to deal with the murder charges against Mdluli was through a formal inquest, not a trial. Earlier this week, Mdluli's suspension was lifted. Police declined to give reasons for this, saying it was an internal matter that would not be discussed in the public domain.

Source: Times Live

Friends in high places rescue Mdluli

Former fraud and murder suspect Richard Mdluli is back in the top job at crime intelligence thanks to blatant interference by President Jacob Zuma's allies. And evidence suggests the president personally weighed in with moral support for their efforts to block the criminal investigation into the police spy boss. A secret report on the Mdluli investigation sets out in great detail the extent of the evidence against Mdluli.

The main charges against Mdluli concerned defrauding crime intelligence to buy two new BMWs for himself and his wife and appointing or promoting family members as highly paid agents. The wide-ranging allegations create a disturbing backdrop for the way in which Zuma and like-minded officials have intervened to support and protect Mdluli. Mdluli was last year investigated by the Hawks for abuses of the secret services account, the covert fund used to finance undercover crime intelligence operations. Prosecutors charged Mdluli, but advocate Lawrence Mrwebi, the man controversially appointed by Zuma to head the commercial crimes unit, overturned their decision.

In December last year Mrwebi ordered that the charges be withdrawn after referring the matter to the inspector general of intelligence, advocate Faith Radebe. But on March 19 this year, Radebe ruled that criminal investigations were a police responsibility and the matter should go back to the National Prosecuting Authority (NPA) to reinstitute criminal charges.

Now, according to information obtained by the Mail & Guardian: Both Zuma and Police -Minister Nathi Mthethwa questioned Radebe's decision to refer the Mdluli investigation back to the NPA for prosecution; Zuma went so far as to call Radebe personally about her decision; Mthethwa called Radebe to a meeting with him on Tuesday this week, with acting national commissioner Lieutenant General Nhlanhla Mkhwanazi; and notwithstanding the damning report on Mdluli, which was copied to Mkhwanazi, Mthethwa ordered Mdluli's suspension lifted.

Zuma openly displayed his support for Mdluli by attending a December function he hosted to celebrate the withdrawal of charges. Questioned by the M&G about Zuma's call to the inspector general and his attendance at Mdluli's celebration, presidential spokesperson Mac Maharaj declined to confirm or deny the claim. "The presidency is not obliged to give an account of the president's day-to-day meetings, discussions and any other form of communication except those of a public nature," he said in a written response.

The source of Zuma's association with Mdluli is not clear, but the policeman, as deputy to the Gauteng provincial commissioner, oversaw the detectives who investigated Zuma's rape case in 2006. Mthethwa refused to answer questions about his meeting with Radebe and Mkhwanazi, including whether he had issued an instruction to reinstate Mdluli. "Like all internal meetings, we do not divulge the contents thereof," said a statement from Mthethwa's spokesperson.

In response to questions from the M&G, the South African Police Service issued a general media announcement on Wednesday night confirming Mdluli's reinstatement. "A decision was taken to lift the suspension of Lieutenant General Richard Mdluli," the statement read, confirming the decision was effective the day of the meeting with Mthethwa. "The resolution is with effect from March 27 2012. This will not be discussed further in the public domain."

Major General Solomon Lazarus, who manages the secret services account and who had also been suspended in relation to alleged abuses of the fund, was also reinstated. The moves come on top of allegations that Mthethwa was ultimately responsible for instructions to the Hawks to shut down the investigation of Mdluli and the broader crime intelligence probe. The murder case against Mdluli was withdrawn when the NPA decided instead to institute an inquest into the 1999 death of Oupa Ramogibe, an alleged love rival of Mdluli. The authority withdrew charges despite being in possession of an independent legal opinion that reportedly recommended it proceed.

It also appears likely that the NPA will ignore the inspector general's advice to reinstitute fraud charges against Mdluli. Radebe did not respond to questions from the M&G, but her recommendation was contained in a March 19 letter that appears to have set off the interventions from Zuma and Mthethwa. In the letter, she rejected a memorandum from Mrwebi setting out his reasons for withdrawing of charges. She noted: "The mandate of the inspector general of intelligence does not extend to criminal investigations ... As such we are of the opinion the reasons advanced by the NPA in support of the withdrawal of the criminal charges are inaccurate and legally flawed. We therefore recommend that this matter be referred back to the NPA for the institution of the criminal charges."

Responding to questions from the M&G, NPA spokesman Mthunzi Mhaga said Mrwebi's decision to withdraw the case against Mdluli "was informed by the insufficiency of relevant and admissible evidence to sustain charges". This was denied by one experienced investigator familiar with the probe, who described the fraud charge as "a slam-dunk case". Mhaga said the NPA had received a copy of Radebe's letter. "We are still considering its contents and will have further discussions with the police and determine the way forward."

Police officials fear that Mdluli's reinstatement will put him in a position to complete a purge of crime intelligence officers regarded as disloyal or too close to suspended police commissioner Bheki Cele. As the secret report shows, members of crime intelligence played a key role in providing evidence to the Hawks and one had to be placed in witness protection after being threatened by senior colleagues.

Earlier this year, three top members of the command structure of the crime intelligence division in KwaZulu-Natal were suspended or transferred. And, through Lazarus, Mdluli is again placed in control of a secret slush fund rumoured to contain in excess of a billion rand. Mdluli's return to service also places him in pole position to succeed Cele, who appears to be regarded as insufficiently loyal to Zuma. The interventions to protect Mdluli appear to be part of an unrestrained campaign by Zuma to consolidate his power base in state security structures ahead of the ANC’s elective conference in December.

According to a well-informed source, a plan is in place to transfer command of the police VIP division and presidential protection unit to fall under the control of crime intelligence. This will not only ensure that they fall under Mdluli's command, but will also give him direct access to the most intimate day-to-day details of the activities of all of Zuma's political rivals.

Source: Mail & Guardian

Mdluli report's shocking revelations

Today the Mail & Guardian publishes details from a secret report to the inspector general of intelligence on the allegations against crime intelligence boss Richard Mdluli. The extracts below demonstrate the extent to which President Jacob Zuma and his allies were prepared to ignore evidence of the rot at crime intelligence to protect their man.

Publication also represents a defining example of the kind of public-interest disclosure that would be criminalised by the so-called secrecy Bill before Parliament. Download the Mdluli report here.

The report was drafted by Major General Mark Hankel and signed off by then-acting crime intelligence boss Chris de Kock. According to the document, it was drafted as a written follow-up to a detailed verbal briefing given to the inspector general of intelligence, Faith Radebe, on October 31 last year when the Hawks investigation into Mdluli was in full swing. The document is headed: "Report to the inspector general of intelligence on the matter of alleged maladministration and crimes committed in respect of the Secret Services Account (SSA) of the crime intelligence division of the South African Police Service."

Hankel begins by setting out the basis for his claims. "The report is based on the interaction and insight into the Hawks' case of corruption and fraud as well as personal insight into various documents requested by the Hawks, of which some have been handed over to the Hawks pursuant to a search warrant, while others are being safeguarded as evidence in possible criminal or departmental investigations. "The report is further based on information provided by, and discussions with, certain sensitively placed officers of crime intelligence, an investigation report compiled by the Hawks as well as information under oath. It serves as official written notification to the inspector general in relation to crime, maladministration and nepotism that has come to the attention of the acting divisional commissioner of crime intelligence …"

Hankel then details the evidence gathered by the Hawks. "The Silverton CAS 155/07/2011 (fraud and corruption) was registered after investigation into the murder case against Lt Gen RN Mdluli exposed fraud and corruption involving the selling by a BMW dealer of a private BMW belonging to Lt Gen Mdluli. "This is related to the shortfall in the settlement fee on the finance from the said vehicle being paid through a second dealer with whom crime intelligence does business and from whom Lt Gen Mdluli purchased a vehicle. "It also relates to the purchase of two BMWs from the BMW dealer on which so-called 'trade assist' incentives from BMW South Africa allegedly further influenced the resale price on Lt Gen Mdluli's private BMW. "This benefited Lt Gen Mdluli to the amount of about R95 000. Col [Hein] Barnard derived no benefit from these transactions but signed a contract purporting to be RN Mdluli. "The prosecution, however, contends that the two BMWs would not otherwise have been purchased if it was not to be used to offset the shortfall on the settlement amount of Lt Gen Mdluli's private BMW. In reality, both BMW's purchased were then allocated with the one (5 Series) going to Lt Gen Mdluli for his personal use and the other (3 Series) going to his wife (Col T Lyons) in Cape Town."

But the Hawks investigation went further, Hankel explains, pointing out that the Hawks had obtained a search warrant for two covert crime intelligence premises to seize documents. He sets out the additional criminal elements being investigated against Mdluli. "The appointment/promotion of his current wife, her brother and other members of her family, his ex-wife, her daughter and his son, as well as two 'girlfriends' in the Eastern Cape. With the exception of the latter two, the investigation also targets their placement in the agent programme of crime intelligence, as well as their current deployment and daily work and productivity. "Furthermore, the investigation team of the Hawks is looking at all salary claims, advances and operational claims submitted by the handlers of the members who were what is referred to as 'principal agents' in the programme. Of particular interest to the investigation team is their utilisation of covert vehicles. "The alleged abuse of covert vehicles by Lt Gen Mdluli, who it is alleged was not entitled to the use of such vehicles in the way he did. In this regard, various vehicles were identified at his two properties. Specific focus is being given to BMWs, a Jeep Cherokee SRT8, two E-Class Mercedes-Benzes and a Lexus. The investigation includes such specifics as his use thereof while on vacation. "An overseas trip to Singapore at the end of 2009 for purposes of viewing and purchasing technical equipment for crime intelligence … Of note to the investigation team was the fact that the spouses of Lt Gen Mdluli (T Lyons) and Maj Gen [Solly] Lazarus and Col Barnard accompanied them on the trip. It is evident that Maj Gen Lazarus and Col Barnard financed their spouses’ trip costs, but that of Col Lyons (who was not a member of the SAPS at the time) … was funded from the secret service account."

Hankel then goes on to identify "new revelations" that flowed from his own inquiries, notably interference and intimidation by some of those implicated. 'During the investigation certain officers were interviewed by the Hawks to explain certain aspects of documents. One of these officers … decided out of his own accord on the third day to reveal the extent of crime that is occurring in the SSA environment. "On the day of the revelations in question, he took a colleague of his into his confidence and admitted that he had provided incriminating information to the Hawks. "That evening and the following morning, he was subjected to intimidating behaviour by some of his colleagues … This behaviour included trespassing on his property, being driven around in a vehicle, being taken to the home of a major general and being taken to the office of the same major general, all against his will. This officer is now in the witness protection programme.

"Every time certain officers are called by Major General Hankel to hand over documents or explain some or other detail, they are confronted by their major general and requested to reveal what was asked. "The latter occurred despite the express instruction by Major General Hankel not to do so. "The component head, in more than one instance, instructed the same subordinates not to co-operate with the investigation. It is also known that attempts have been made to tamper with or influence evidence. "There exists a concerted effort from within crime intelligence and specifically the SSA environment to derail the investigation. The situation includes what is believed to be a threat to the lives and personal safety and integrity of persons involved in the investigation of this matter, including those supporting the investigation."

Hankel also details abuse of the so-called agent programme. "It is evident that besides the employment, inappropriate promotion and placing of family members of Lt Gen Mdluli in the agent programme of crime intelligence, [in addition] family members of a major general and colonel in the division, as well as that of a prominent person, were placed in the programme."

Hankel says that the prominent person, a businessman from KwaZulu-Natal, was allegedly recruited to influence suspended police commissioner Bheki Cele in favour of crime intelligence. "In total, approximately 23 persons that fall in the above category are deployed as 'principal agents' in the programme. As far as can be ascertained, none of these are actually involved in bone fide undercover operations in pursuance of the operational objectives of the SA Police Service Crime Intelligence Division. "Furthermore, no activity reports are generated in respect of these individuals. It is alleged that especially the family members of the prominent person in Kwazulu-Natal go about their 'normal private lives' with no benefit to the SA Police Service. "They were allegedly employed as a favour or as part of a pay-off to the prominent person, in return for consultancy services rendered to crime intelligence in respect of the national commissioner."

Mdluli and his cohorts were also flown around the country courtesy of the secret service account. "A travel agent in Westville, Durban, was tasked with the duty of providing a travel-office service to the SSA environment, ostensibly a covert air travel service. "This arrangement was discovered when Lt Gen Mdluli's journeys were analysed. No agents of consequence utilised the service, rather it was abused by a small group of persons. Principal agents, many of them appointed and promoted in the same covert promotion process as Lt Gen Mdluli's family. "Lt Gen Mdluli and his family travelled on more than 50 occasions while the prominent person and his family, not limited to those in the agent programme, travelled on more than 50 occasions."

Hankel reports that various safe houses have been rented for the exclusive use of Mdluli and his family. "One was rented ostensibly for him to use for strategic meetings with component heads. No such meetings occurred there. Instead, he used it to house his Cape Town family (second wife and two children). They would fly up to Johannesburg and reside in the house. "A property in Gordon's Bay, belonging to Lt Gen Mdluli, was rented by crime intelligence, but used only by him. A possibility that still needs to be confirmed is that during the time that crime intelligence was hiring the property, other tenants were also hiring it from him."

Hankel argues that, rather than the Hawks investigation placing sensitive systems in jeopardy, it is the abuse that has done so. "They have placed the entire institution, including the agent programme, covert air travel, vehicles, service providers and even operations, at risk by abusing the system and exposing it to individuals of dubious character."

Source: Mail & Guardian