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
Showing posts with label Nhlanhla Mkhwanazi. Show all posts
Showing posts with label Nhlanhla Mkhwanazi. Show all posts
Friday, June 1, 2012
Friday, May 18, 2012
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
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
Thursday, April 19, 2012
KZN crime intelligence top cops challenge transfer
After 23 years of dodging bullets and putting his life on the line, KwaZulu-Natal Crime Intelligence boss, Major-General Dina Moodley, is not prepared to leave his post without a fight. On Wednesday, Moodley and the head of the unit’s operations in KZN, Brigadier Jules Ndlovu, challenged their “unlawful” transfer in the Durban Labour Court. The application, filed in court last week, was brought against the acting national police commissioner, Lieutenant-General Nhlanhla Mkhwanazi, provincial commissioner, Lieutenant-General Mmamonnye Ngobeni, and the acting divisional commissioner of crime intelligence, Lieutenant-General Fanie Masemola.
According to court papers, Moodley was given a notice of intention to suspend him in February after he was accused of not following procedure regarding a state security issue. According to the notice, signed by Masemola, the suspension was being considered in respect of Regulation 13 (1) of the SAPS disciplinary regulation of 2006 in which Moodley was accused of alleged “serious misconduct”. The notice stated: “During November 2010, you gave instructions to Colonel B Padayachee and Colonel D Zulu to have the cellphones of certain journalists intercepted, knowing that such an application in terms of the Regulation of Interception of Communications and Provision of Communication-related Information Act would contain information which is false, incorrect or misleading.” The notice was overturned on March 2, after Moodley made submissions to police management and handed in affidavits from Padayachee and Zulu stating they had not been given any unlawful instructions. In their statements, they said they were asked by Moodley to investigate journalists who posed a threat to the organisation. Less than a week later, Moodley was instructed by Mkhwanazi to transfer immediately to head the SAPS Pinetown cluster, and Ndlovu was told to go to the Inanda cluster uniform branch. In the transfer notices both were told their moves were in line with service delivery requirements by the police in KZN.
Ndlovu claimed in court papers his transfer came a week after he had told Mkhwanazi, Masemola and a Brigadier Khumalo he had nonformation about Moodley’s alleged corruption. Since then, Brigadier Thuso Tshika was appointed to act in Moodley’s position. On Wednesday, it was agreed by consent that no-one could be appointed in Moodley and Ndlovu’s position in a full-time capacities until the hearing was completed. Their attorney, Carl van der Merwe, said the SAPS had until April 26 to file opposing papers. He has instructed advocate Charmaine Nel to represent both men. “If they oppose the matter, then we have until May 11 to file replying affidavits. The hearing has been set down for June 1.”
Moodley and Ndlovu will be on leave until the hearing and would not have to report for duty at Pinetown and Inanda. Their salary would not be docked and they could not be threatened by the SAPS with disciplinary processes, it was agreed. In an interview with the Daily News, Moodley said he had an “unblemished” career and was angry at the manner in which he was being treated. “I have been the head of crime intelligence in KZN since 2003. Why should I have to accept a lesser position? Transferring me to station level is a demotion. “I dodged bullets and risked my life for the police for all these years. I will not give up my post without a fight.”
Moodley, who earns an annual salary of R1 million, has been at home since February 10. “I was locked out of my office at provincial headquarters and had no option but to stay home. I have no station experience and can’t understand how my transfer is in line with service delivery requirements.” An equally disgruntled Ndlovu, who earns about R900 000 a year, said his transfer and the manner in which he was being treated had dented his image. “I miss what I am trained to do and want to go back to my job. I also plan to fight this all the way. I have done nothing wrong and should not be punished for no reason.”
Provincial secretary-general of police union Popcru, Kwenza Nxele, said Moodley and Ndlovu’s transfers were in breach of fair labour practice.
“The police have acted unlawfully and have not followed proper transfer policy processes. When an employee is removed from his or her position, proper channels must be followed.”
Source: IoL
According to court papers, Moodley was given a notice of intention to suspend him in February after he was accused of not following procedure regarding a state security issue. According to the notice, signed by Masemola, the suspension was being considered in respect of Regulation 13 (1) of the SAPS disciplinary regulation of 2006 in which Moodley was accused of alleged “serious misconduct”. The notice stated: “During November 2010, you gave instructions to Colonel B Padayachee and Colonel D Zulu to have the cellphones of certain journalists intercepted, knowing that such an application in terms of the Regulation of Interception of Communications and Provision of Communication-related Information Act would contain information which is false, incorrect or misleading.” The notice was overturned on March 2, after Moodley made submissions to police management and handed in affidavits from Padayachee and Zulu stating they had not been given any unlawful instructions. In their statements, they said they were asked by Moodley to investigate journalists who posed a threat to the organisation. Less than a week later, Moodley was instructed by Mkhwanazi to transfer immediately to head the SAPS Pinetown cluster, and Ndlovu was told to go to the Inanda cluster uniform branch. In the transfer notices both were told their moves were in line with service delivery requirements by the police in KZN.
Ndlovu claimed in court papers his transfer came a week after he had told Mkhwanazi, Masemola and a Brigadier Khumalo he had nonformation about Moodley’s alleged corruption. Since then, Brigadier Thuso Tshika was appointed to act in Moodley’s position. On Wednesday, it was agreed by consent that no-one could be appointed in Moodley and Ndlovu’s position in a full-time capacities until the hearing was completed. Their attorney, Carl van der Merwe, said the SAPS had until April 26 to file opposing papers. He has instructed advocate Charmaine Nel to represent both men. “If they oppose the matter, then we have until May 11 to file replying affidavits. The hearing has been set down for June 1.”
Moodley and Ndlovu will be on leave until the hearing and would not have to report for duty at Pinetown and Inanda. Their salary would not be docked and they could not be threatened by the SAPS with disciplinary processes, it was agreed. In an interview with the Daily News, Moodley said he had an “unblemished” career and was angry at the manner in which he was being treated. “I have been the head of crime intelligence in KZN since 2003. Why should I have to accept a lesser position? Transferring me to station level is a demotion. “I dodged bullets and risked my life for the police for all these years. I will not give up my post without a fight.”
Moodley, who earns an annual salary of R1 million, has been at home since February 10. “I was locked out of my office at provincial headquarters and had no option but to stay home. I have no station experience and can’t understand how my transfer is in line with service delivery requirements.” An equally disgruntled Ndlovu, who earns about R900 000 a year, said his transfer and the manner in which he was being treated had dented his image. “I miss what I am trained to do and want to go back to my job. I also plan to fight this all the way. I have done nothing wrong and should not be punished for no reason.”
Provincial secretary-general of police union Popcru, Kwenza Nxele, said Moodley and Ndlovu’s transfers were in breach of fair labour practice.
“The police have acted unlawfully and have not followed proper transfer policy processes. When an employee is removed from his or her position, proper channels must be followed.”
Source: IoL
Thursday, April 5, 2012
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:
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
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.
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
Monday, April 2, 2012
Sexwale to proceed with Mdluli lawsuit
HUMAN Settlements Minister Tokyo Sexwale yesterday vowed to continue his lawsuit against reinstated crime intelligence boss Richard Mdluli, who last year listed him among people plotting to remove President Jacob Zuma. The lifting of Lt-Gen Mdluli’s suspension appears to have caused ructions in the police, with acting commissioner Nhlanhla Mkhwanazi said to be considering tendering his resignation to President Jacob Zuma.
Many people are concerned that this move is an example of political interference, with crime intelligence services being used to consolidate political positions. Lt-Gen Mdluli’s suspension was lifted and corruption charges against him have been withdrawn. He was suspended last May 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 both Lt-Gen Mdluli and finance head Maj-Gen Solly Lazarus, but these have been provisionally withdrawn.
Mr Sexwale yesterday said: "The removal of this matter from the court does not change anything in respect of the false and fabricated allegations." He would continue to pursue the matter in which Lt-Gen Mdluli accused him of plotting to overthrow Mr Zuma. His lawyer, Lesley Mkhabela, last night said they had asked the police ministry to furnish them with the report about the plot. They would stop at nothing in an attempt to clear Mr Sexwale’s name, he said.
Controlling intelligence operations is a crucial element in the African National Congress (ANC) succession race. Mr Zuma’s ability to obtain and use intelligence information was key when he defeated former president Thabo Mbeki in the Polokwane succession battle in 2007. Corruption charges against Mr Zuma were dropped in 2009, mainly because of questionably obtained intelligence tapes his legal team presented to the National Prosecuting Authority (NPA). However, the high court will reconsider the matter, after the Supreme Court of Appeal ruled last month that the Democratic Alliance could initiate a review of the NPA decision to drop the corruption charges. Prominent civic bodies and nongovernmental organisations are considering ways to investigate the circumstances surrounding Lt-Gen Mdluli’s lifted suspension and why criminal charges against him were not pursued.
The FW de Klerk Foundation last month made a presentation to Public Protector Thuli Madonsela, asking her to investigate Lt-Gen Mdluli’s provisionally withdrawn criminal charges. Foundation CEO David Steward yesterday said they were waiting to find out if Ms Madonsela would investigate the matter. If she did not, they would consider other legal options, he said. Following reports yesterday that Lt-Gen Mkhwanazi could resign, presidential spokesman Mac Maharaj said he was unaware of a scheduled meeting with the president.
Police spokesman Brig Lindela Mashigo said he could not comment on a report in the City Press that Lt-Gen Mkhwanazi intended meeting Mr Zuma to tender his resignation. He said Lt-Gen Mkhwanazi would remain acting police commissioner despite media reports of his imminent resignation. He also declined to comment on reports that Lt-Gen Mkhwanazi objected to the reinstatement of Lt-Gen Mdluli and Maj-Gen Lazarus. On Friday, the Presidency denied that Mr Zuma had interfered with a corruption investigation into Lt-Gen Mdluli’s affairs or his reinstatement, and said it was an internal police matter.
Source: Business Day
Many people are concerned that this move is an example of political interference, with crime intelligence services being used to consolidate political positions. Lt-Gen Mdluli’s suspension was lifted and corruption charges against him have been withdrawn. He was suspended last May 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 both Lt-Gen Mdluli and finance head Maj-Gen Solly Lazarus, but these have been provisionally withdrawn.
Mr Sexwale yesterday said: "The removal of this matter from the court does not change anything in respect of the false and fabricated allegations." He would continue to pursue the matter in which Lt-Gen Mdluli accused him of plotting to overthrow Mr Zuma. His lawyer, Lesley Mkhabela, last night said they had asked the police ministry to furnish them with the report about the plot. They would stop at nothing in an attempt to clear Mr Sexwale’s name, he said.
Controlling intelligence operations is a crucial element in the African National Congress (ANC) succession race. Mr Zuma’s ability to obtain and use intelligence information was key when he defeated former president Thabo Mbeki in the Polokwane succession battle in 2007. Corruption charges against Mr Zuma were dropped in 2009, mainly because of questionably obtained intelligence tapes his legal team presented to the National Prosecuting Authority (NPA). However, the high court will reconsider the matter, after the Supreme Court of Appeal ruled last month that the Democratic Alliance could initiate a review of the NPA decision to drop the corruption charges. Prominent civic bodies and nongovernmental organisations are considering ways to investigate the circumstances surrounding Lt-Gen Mdluli’s lifted suspension and why criminal charges against him were not pursued.
The FW de Klerk Foundation last month made a presentation to Public Protector Thuli Madonsela, asking her to investigate Lt-Gen Mdluli’s provisionally withdrawn criminal charges. Foundation CEO David Steward yesterday said they were waiting to find out if Ms Madonsela would investigate the matter. If she did not, they would consider other legal options, he said. Following reports yesterday that Lt-Gen Mkhwanazi could resign, presidential spokesman Mac Maharaj said he was unaware of a scheduled meeting with the president.
Police spokesman Brig Lindela Mashigo said he could not comment on a report in the City Press that Lt-Gen Mkhwanazi intended meeting Mr Zuma to tender his resignation. He said Lt-Gen Mkhwanazi would remain acting police commissioner despite media reports of his imminent resignation. He also declined to comment on reports that Lt-Gen Mkhwanazi objected to the reinstatement of Lt-Gen Mdluli and Maj-Gen Lazarus. On Friday, the Presidency denied that Mr Zuma had interfered with a corruption investigation into Lt-Gen Mdluli’s affairs or his reinstatement, and said it was an internal police matter.
Source: Business Day
Secrecy around clearing of Mdluli arouses suspicions
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| http://mg.co.za/zapiro/fullcartoon/3642 |
Police Minister Nathi Mthethwa and the police's top brass must not expect the public to swallow whatever they say without question. The public deserves a police force led by officers who don't have skeletons in their closets. How can we trust the intelligence services when Mdluli is cleared without recourse to the courts? How can we be sure that government leaders are not abusing state institutions to advance their political interests? When corruption charges were made against Jacob Zuma, when he was deputy president of the ANC, his supporters loudly protested that his enemies were abusing state institutions to persecute him. Are state institutions not being abused now?
South Africa cannot afford to have cases involving senior officials decided behind closed doors. Zuma and those who supported him before he won the presidency should be foremost among those shouting for transparency in the Mdluli case. Reports that acting national police commissioner Nhlanhla Mkhwanazi wants to quit because of the Mdluli affair will force the matter back into the public arena.
The Presidency has refuted claims that Zuma ordered Mdluli's reinstatement but the deafening silence about why he was cleared is an elephant in the room. The government's attempt to sweep Mdluli's case under the carpet shows us that there is more to this affair than we have been told. Our leaders should allow justice to prevail and avoid making deals to suit themselves.
Source: Times Live
Friday, March 30, 2012
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
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
Friday, March 23, 2012
President Zuma's phalanx of praetorian guards
Spy boss Richard Mdluli, whom Jacob Zuma "owes for his acquittal on rape charges", has emerged as part of a complex network "guarding" the president. President Jacob Zuma seems to be creating a personal shield and spear in the justice and security sectors: a phalanx of praetorian guards allied to him and to each other.
These connections appear to be driving key interventions, notably:
The withdrawal of murder and corruption charges against suspended police Crime Intelligence Service (CIS) boss Richard Mdluli;
The closure of the Hawks investigations into Mdludli and the broader abuse of CIS slush funds;
The suspension of Hawks KwaZulu-Natal commander Johan Booysen; and
The replacement of KwaZulu-Natal CIS head Deena Moodley by acting commander Brigadier Thuso Tshika.
The central member of this grouping appears to be Mdluli, with other key players clustered around him, including Safety and Security Minister Nathi Mthethwa; acting police commissioner Lieutenant-General Nhlanhla Mkhwanazi; acting national director of public prosecutions (NDPP) Nomgcobo Jiba; commercial crime prosecutions boss Lawrence Mrwebi; North West crime intelligence heavyweight Colonel Tsietsi Mano; and Mdluli murder case co-accused Colonel Nkosana “Killer” Ximba. “President Jacob Zuma believes he owes Mdluli for his acquittal in the rape case,” said one National Prosecuting Authority (NPA) source, while denying the correctness of this belief.
Whatever the truth may be, it appears that Mdluli himself is keen to hint at this connection. In his November 2010 top-secret report to Zuma setting out his allegations of a conspiracy against him, Mdluli says: “My relationship with Colonel Ximba is on a professional level, both politically and work related — Colonel Ximba is an active member of the ANC and during the struggle was a leader of one of the self-defence units — Colonel Ximba also played an important role in the Polokwane conference and also during the president’s trying times with his engagement with the NPA.”
According to reports, it was Mdluli who, following his appointment as CIS head in 2009, boosted Ximba up the ranks from constable to colonel. Mdluli appears to have been hand-picked by Zuma allies for the crime intelligence position and was appointed over the objections of then-acting commissioner Tim Williams.
Last year Williams, who has retired, spoke out against the appointment, telling City Press he regarded the appointment process as irregular and politically motivated. “He was appointed by the minister,” he said, referring to Mthethwa. In the run-up to his appointment Mdluli also played a key role in an apparent campaign against the Scorpions that united both the Zuma and Mbeki factions of the ANC.
One of Mdluli’s confidants, Colonel Tsietsi Mano, was called in to pursue the investigation of Gauteng Scorpions boss Gerrie Nel. Mano roped in Nel’s then-subordinate, advocate Nomgcobo Jiba, in a bid to have an arrest warrant issued against Nel on the eve of the planned arrest of Jackie Selebi.
When the NPA suspended and disciplined Jiba, Mdluli submitted a dramatic affidavit in her defence, revealing for the first time that crime intelligence had monitored the conversations of Scorpions boss Leonard McCarthy and quoting extracts from the McCarthy transcripts. These intercepts were later leaked to Zuma’s attorney, Michael Hulley, and formed the basis for the NPA decision to drop charges against Zuma. According to evidence gathered for Jiba’s disciplinary hearing, she also roped in former KwaZulu-Natal Scorpions boss Lawrence Mrwebi, who had also become concerned at the allegedly partisan nature of the Scorpions investigations.
In November last year Zuma appointed Mrwebi to head the commercial crime division in the face of reports that then-director of prosecutions Menzi Simelane had recommended someone else. It was Mrwebi who in December 2011 ordered the withdrawal of fraud charges against Mdluli that had been investigated by the Hawks. Mdluli was accused of personally benefiting from discounts earned on the purchase of vehicles by crime intelligence. In doing so, Mrwebi overrode the views of Glynnis Breytenbach, and her opposition to the withdrawal of charges against Mdluli has been partly blamed for subsequent attempts to suspend her. A well-placed source said that Zuma had gone as far as attending a function held by Mdluli to celebrate the withdrawal of charges, though this could not be independently confirmed.
Neither presidential spokesperson Mac Maharaj nor Mdluli’s lawyer responded to questions about Zuma’s meeting with Mdluli. After the December 2011 decision of the Supreme Court of Appeal that Simelane’s appointment was invalid, Zuma appointed Jiba as acting NDPP to replace him. Mano was also appointed to head a North West task team probing the 2009 murder of councillor Moss Phakoe, who had circulated an internal ANC dossier alleging Rustenburg ANC heavyweight Matthew Wolmarans was involved in corruption.
The investigation under Mano went nowhere but, according to a City Press report, there was a breakthrough in 2011 after Hawks investigators found the Phakoe docket during a raid on Mdluli. This could suggest that Mano withheld crucial information about a party official from all but Mdluli, who also sat on it. Mdluli also brought in Mano to trace the source of a report in the Sunday Independent in October 2010, which raised serious allegations of corruption and nepotism against Mdluli and suspended national police commissioner Bheki Cele.
The report appeared to have been sourced from disgruntled crime intelligence members in KwaZulu-Natal, and Mdluli instructed Mano to establish the source of the leaks against him. At the time he was given this sensitive task, Mano was out on bail in connection with his alleged involvement in the assault of a robbery suspect. He had also been slammed by a North Gauteng High Court judge for his alleged involvement in the torture of traditional healer Madimetja Phineas Kutumela, a suspect in the murder of Constable Francis Rasuge, who had disappeared in 2004.
Mano is understood to have laid the blame for the leaks at the door of a senior counterintelligence officer, but the KwaZulu-Natal complaints seem to have formed the basis for the recent purge of senior crime intelligence officers in the province, driven by acting national commissioner Nhlanhla Mkhwanazi. Earlier this month, CIS provincial boss Deena Moodley was transferred out of crime intelligence and replaced by Brigadier Thuso Tshika.
Tshika, described by someone who knows him as “more of a politician than a policeman”, is a former MK operative.
Moodley is perceived as being close to Johan Booysen, the head of the Hawks in KwaZulu-Natal.
Booysen and Cele
Both minister Mthethwa and acting commissioner Mkhwanazi have been at the forefront of efforts to suspend Booysen, who on Thursday succeeded in having his suspension overturned in court for the second time.
The claim against Booysen is that he failed to act against members of the so-called Cato Manor Organised Crime Unit “death squad” that fell under his indirect command.
The unit, involved in a number of suspicious deaths, was disbanded by Mkhwanazi, but the move against Booysen is widely regarded a an indirect blow against Cele, of whom he was considered an ally.
It is understood that Hawks boss Anwa Dramat, to whom Booysen reports, believes there is no real case against him, but—as with the termination of the Mdluli investigation—has complied with Mkhwanazi’s instructions.
Panday and friends
The determination to unseat Booysen may, however, have more to do with the Panday case than with Cele. In court papers, Booysen claimed the campaign against him is driven by millionaire Durban businessman Thoshan Panday and the provincial supply chain police boss Colonel Navin Madhoe.
Booysen’s Hawks have been investigating the pair for allegedly massively inflating hotel bills for police accommodation sourced by Panday’s companies.
Panday appears to have powerful friends. Two independent sources, who declined to be named, have claimed that Zuma’s son Edward had attempted on several occasions to speak to Booysen about Panday.
Edward Zuma could not be reached for comment.
Another source, who also declined to be named but is regarded as close to Cele, said that Deebo Mzobe, a distant relative of President Zuma, had also sought to intervene on Panday’s behalf in a meeting with Cele.
Contacted for comment, Mzobe denied this. “No, that is not true,” he said. “We talk a lot with the commissioner [Cele]; we have a lot of things we discuss. I can’t say specifically what I go there to talk about.”
Mzobe denied he was in business with Panday. “Not at all; there is no business we are running together. I know him —we discuss [business], but we don’t have a particular business together.”
The M&G has identified at least three companies that show both Panday and Mzobe registered as directors. Mzobe, who is described as a “friend” of the president, is involved in the Masibambisane Rural Development Initiative with Zuma in Nkandla and elsewhere.
The project is controversial, as it is seen as using presidential influence to push state resources in the direction of favoured communities.
Source: Mail & Guardian
These connections appear to be driving key interventions, notably:
The withdrawal of murder and corruption charges against suspended police Crime Intelligence Service (CIS) boss Richard Mdluli;
The closure of the Hawks investigations into Mdludli and the broader abuse of CIS slush funds;
The suspension of Hawks KwaZulu-Natal commander Johan Booysen; and
The replacement of KwaZulu-Natal CIS head Deena Moodley by acting commander Brigadier Thuso Tshika.
The central member of this grouping appears to be Mdluli, with other key players clustered around him, including Safety and Security Minister Nathi Mthethwa; acting police commissioner Lieutenant-General Nhlanhla Mkhwanazi; acting national director of public prosecutions (NDPP) Nomgcobo Jiba; commercial crime prosecutions boss Lawrence Mrwebi; North West crime intelligence heavyweight Colonel Tsietsi Mano; and Mdluli murder case co-accused Colonel Nkosana “Killer” Ximba. “President Jacob Zuma believes he owes Mdluli for his acquittal in the rape case,” said one National Prosecuting Authority (NPA) source, while denying the correctness of this belief.
Whatever the truth may be, it appears that Mdluli himself is keen to hint at this connection. In his November 2010 top-secret report to Zuma setting out his allegations of a conspiracy against him, Mdluli says: “My relationship with Colonel Ximba is on a professional level, both politically and work related — Colonel Ximba is an active member of the ANC and during the struggle was a leader of one of the self-defence units — Colonel Ximba also played an important role in the Polokwane conference and also during the president’s trying times with his engagement with the NPA.”
According to reports, it was Mdluli who, following his appointment as CIS head in 2009, boosted Ximba up the ranks from constable to colonel. Mdluli appears to have been hand-picked by Zuma allies for the crime intelligence position and was appointed over the objections of then-acting commissioner Tim Williams.
Last year Williams, who has retired, spoke out against the appointment, telling City Press he regarded the appointment process as irregular and politically motivated. “He was appointed by the minister,” he said, referring to Mthethwa. In the run-up to his appointment Mdluli also played a key role in an apparent campaign against the Scorpions that united both the Zuma and Mbeki factions of the ANC.
One of Mdluli’s confidants, Colonel Tsietsi Mano, was called in to pursue the investigation of Gauteng Scorpions boss Gerrie Nel. Mano roped in Nel’s then-subordinate, advocate Nomgcobo Jiba, in a bid to have an arrest warrant issued against Nel on the eve of the planned arrest of Jackie Selebi.
When the NPA suspended and disciplined Jiba, Mdluli submitted a dramatic affidavit in her defence, revealing for the first time that crime intelligence had monitored the conversations of Scorpions boss Leonard McCarthy and quoting extracts from the McCarthy transcripts. These intercepts were later leaked to Zuma’s attorney, Michael Hulley, and formed the basis for the NPA decision to drop charges against Zuma. According to evidence gathered for Jiba’s disciplinary hearing, she also roped in former KwaZulu-Natal Scorpions boss Lawrence Mrwebi, who had also become concerned at the allegedly partisan nature of the Scorpions investigations.
In November last year Zuma appointed Mrwebi to head the commercial crime division in the face of reports that then-director of prosecutions Menzi Simelane had recommended someone else. It was Mrwebi who in December 2011 ordered the withdrawal of fraud charges against Mdluli that had been investigated by the Hawks. Mdluli was accused of personally benefiting from discounts earned on the purchase of vehicles by crime intelligence. In doing so, Mrwebi overrode the views of Glynnis Breytenbach, and her opposition to the withdrawal of charges against Mdluli has been partly blamed for subsequent attempts to suspend her. A well-placed source said that Zuma had gone as far as attending a function held by Mdluli to celebrate the withdrawal of charges, though this could not be independently confirmed.
Neither presidential spokesperson Mac Maharaj nor Mdluli’s lawyer responded to questions about Zuma’s meeting with Mdluli. After the December 2011 decision of the Supreme Court of Appeal that Simelane’s appointment was invalid, Zuma appointed Jiba as acting NDPP to replace him. Mano was also appointed to head a North West task team probing the 2009 murder of councillor Moss Phakoe, who had circulated an internal ANC dossier alleging Rustenburg ANC heavyweight Matthew Wolmarans was involved in corruption.
The investigation under Mano went nowhere but, according to a City Press report, there was a breakthrough in 2011 after Hawks investigators found the Phakoe docket during a raid on Mdluli. This could suggest that Mano withheld crucial information about a party official from all but Mdluli, who also sat on it. Mdluli also brought in Mano to trace the source of a report in the Sunday Independent in October 2010, which raised serious allegations of corruption and nepotism against Mdluli and suspended national police commissioner Bheki Cele.
The report appeared to have been sourced from disgruntled crime intelligence members in KwaZulu-Natal, and Mdluli instructed Mano to establish the source of the leaks against him. At the time he was given this sensitive task, Mano was out on bail in connection with his alleged involvement in the assault of a robbery suspect. He had also been slammed by a North Gauteng High Court judge for his alleged involvement in the torture of traditional healer Madimetja Phineas Kutumela, a suspect in the murder of Constable Francis Rasuge, who had disappeared in 2004.
Mano is understood to have laid the blame for the leaks at the door of a senior counterintelligence officer, but the KwaZulu-Natal complaints seem to have formed the basis for the recent purge of senior crime intelligence officers in the province, driven by acting national commissioner Nhlanhla Mkhwanazi. Earlier this month, CIS provincial boss Deena Moodley was transferred out of crime intelligence and replaced by Brigadier Thuso Tshika.
Tshika, described by someone who knows him as “more of a politician than a policeman”, is a former MK operative.
Moodley is perceived as being close to Johan Booysen, the head of the Hawks in KwaZulu-Natal.
Booysen and Cele
Both minister Mthethwa and acting commissioner Mkhwanazi have been at the forefront of efforts to suspend Booysen, who on Thursday succeeded in having his suspension overturned in court for the second time.
The claim against Booysen is that he failed to act against members of the so-called Cato Manor Organised Crime Unit “death squad” that fell under his indirect command.
The unit, involved in a number of suspicious deaths, was disbanded by Mkhwanazi, but the move against Booysen is widely regarded a an indirect blow against Cele, of whom he was considered an ally.
It is understood that Hawks boss Anwa Dramat, to whom Booysen reports, believes there is no real case against him, but—as with the termination of the Mdluli investigation—has complied with Mkhwanazi’s instructions.
Panday and friends
The determination to unseat Booysen may, however, have more to do with the Panday case than with Cele. In court papers, Booysen claimed the campaign against him is driven by millionaire Durban businessman Thoshan Panday and the provincial supply chain police boss Colonel Navin Madhoe.
Booysen’s Hawks have been investigating the pair for allegedly massively inflating hotel bills for police accommodation sourced by Panday’s companies.
Panday appears to have powerful friends. Two independent sources, who declined to be named, have claimed that Zuma’s son Edward had attempted on several occasions to speak to Booysen about Panday.
Edward Zuma could not be reached for comment.
Another source, who also declined to be named but is regarded as close to Cele, said that Deebo Mzobe, a distant relative of President Zuma, had also sought to intervene on Panday’s behalf in a meeting with Cele.
Contacted for comment, Mzobe denied this. “No, that is not true,” he said. “We talk a lot with the commissioner [Cele]; we have a lot of things we discuss. I can’t say specifically what I go there to talk about.”
Mzobe denied he was in business with Panday. “Not at all; there is no business we are running together. I know him —we discuss [business], but we don’t have a particular business together.”
The M&G has identified at least three companies that show both Panday and Mzobe registered as directors. Mzobe, who is described as a “friend” of the president, is involved in the Masibambisane Rural Development Initiative with Zuma in Nkandla and elsewhere.
The project is controversial, as it is seen as using presidential influence to push state resources in the direction of favoured communities.
Source: Mail & Guardian
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