Independent Police Investigative Directorate (IPID) head Robert McBride has been suspended, eNCA reported on Tuesday.
On Wednesday last week, an urgent interdict sought by McBride to prevent his suspension from IPID was struck off the roll in the North Gauteng High Court in Pretoria.
"The facts do not support the relief sought, nor the applicable legal considerations. It is accordingly struck off the roll," Judge Hans Fabricius said in his written judgment.
Police Minister Nathi Nhleko had opposed McBride's application.
McBride had received a letter from Nhleko, asking him to make submissions about why he should not be suspended.
Source: News24
Showing posts with label Nkosinathi Nhleko. Show all posts
Showing posts with label Nkosinathi Nhleko. Show all posts
Tuesday, March 24, 2015
Sunday, March 15, 2015
Robert McBride accused of stealing incriminating USB stick from Hawks
Robert McBride is now the subject of a criminal investigation – over an allegation that he stole a memory stick containing evidence that could implicate himself as well as Hawks bosses Anwa Dramat and Shadrack Sibiya in unspecified “wrongdoing”.
City Press has learnt the Hawks are now investigating a case of defeating the ends of justice against the head of the Independent Police Investigative Directorate (IPID) after he personally went to the office of suspended Gauteng Hawks head Shadrack Sibiya to take possession of the memory stick that was kept in the walk-in safe.
A senior Hawks officer told City Press on Saturday they were also investigating the relationship between McBride and Sibiya following allegations they received that Sibiya helped McBride evade arrest and a blood test after he allegedly drove drunk and crashed his car after a Christmas party in 2006.
Neither McBride nor Sibiya were available for comment on this allegation on Saturday.
McBride, however, is hitting back and is investigating how acting Hawks head Mthandazo Ntlemeza came to be in possession of the IPID docket into the illegal rendition of five Zimbabweans. He is seeking legal advice on what charges to lay against Ntlemeza.
On Thursday night, McBride filed an urgent application at the North Gauteng High Court in which he asked for an interdict against Police Minister Nathi Nhleko suspending him.
Nhleko had sent him a letter on Wednesday giving him notice of his intention to suspend him.
In his affidavit in court papers, McBride said he met Nhleko and Ntlemeza in Cape Town in February and was told he had been accused of “raiding” Gauteng Hawks provincial headquarters.
'Bugging device'
Two senior sources, one from the Hawks and another from IPID, told City Press the criminal investigation to “nail” McBride was still in its early stages.
“There is an investigation that focuses on whether McBride stole the memory stick, which we believe contained incriminating evidence implicating Dramat, Sibiya and himself,” said the senior Hawks source.
The device has been handed to the State Security Agency for analysis.
However, in another affidavit, Sibiya says two colonels from the Crime Intelligence Unit arrived at his offices in Parktown asking for the device because it belonged to their then suspended boss, Lieutenant General Richard Mdluli, who wanted it back.
Sibiya, who was also suspended at the time, then asked McBride to collect it and examine its contents “to see if it was not a bugging device that was installed unlawfully to monitor my communications”.
The Hawks investigation against McBride relies on an affidavit by Sibiya’s chief administration clerk, Pearl Angel Pomuser, which says McBride and two other men arrived at the provincial headquarters and demanded the device.
McBride allegedly threatened Pomuser with criminal charges if she did not comply, and he was then given the “Data 6 line box” device.
In his letter to Pomuser, McBride said IPID was “investigating a case of systematic corruption” and needed to examine it.
Criminal charges
Last week, City Press reported that McBride faced suspension for allegedly changing the findings of a report into the roles Dramat and Sibiya played in the renditions. The differences between the draft report that implicates the two and the final version that clears them is under way by law firm Werksmans Attorneys.
The senior Hawks officer said that if McBride were found to have played a role in altering the report, he would face additional criminal charges of defeating the ends of justice.
A source within the Sandton law firm told City Press they were still analysing the reports and had asked Nhleko for another two weeks to complete their investigation, which was initially due on Friday.
“Our mandate has been extended to a month,” the source said.
In his notice of intention to suspend McBride, Nhleko accuses McBride of deliberately misleading Dramat and Sibiya by saying they had been cleared of their role in the renditions when they had not.
McBride is also accused of not informing Nhleko that there were two reports and of undermining the minister by writing to the parliamentary portfolio committee on police two weeks ago to request a special sitting to explain the differences in the reports.
Hawks spokesperson Brigadier Hangwani Mulaudzi declined to comment on Saturday, referring questions to police ministry spokesperson Musa Zondi.
Zondi confirmed Nhleko had asked McBride “in the letter whether taking the device could not be construed as tampering with evidence”.
In 2011, McBride was sentenced to two years in prison for drunken driving and an effective three years for trying to defeat the ends of justice.
He successfully appealed his conviction on both counts in 2013.
Source: News24
City Press has learnt the Hawks are now investigating a case of defeating the ends of justice against the head of the Independent Police Investigative Directorate (IPID) after he personally went to the office of suspended Gauteng Hawks head Shadrack Sibiya to take possession of the memory stick that was kept in the walk-in safe.
A senior Hawks officer told City Press on Saturday they were also investigating the relationship between McBride and Sibiya following allegations they received that Sibiya helped McBride evade arrest and a blood test after he allegedly drove drunk and crashed his car after a Christmas party in 2006.
Neither McBride nor Sibiya were available for comment on this allegation on Saturday.
McBride, however, is hitting back and is investigating how acting Hawks head Mthandazo Ntlemeza came to be in possession of the IPID docket into the illegal rendition of five Zimbabweans. He is seeking legal advice on what charges to lay against Ntlemeza.
On Thursday night, McBride filed an urgent application at the North Gauteng High Court in which he asked for an interdict against Police Minister Nathi Nhleko suspending him.
Nhleko had sent him a letter on Wednesday giving him notice of his intention to suspend him.
In his affidavit in court papers, McBride said he met Nhleko and Ntlemeza in Cape Town in February and was told he had been accused of “raiding” Gauteng Hawks provincial headquarters.
'Bugging device'
Two senior sources, one from the Hawks and another from IPID, told City Press the criminal investigation to “nail” McBride was still in its early stages.
“There is an investigation that focuses on whether McBride stole the memory stick, which we believe contained incriminating evidence implicating Dramat, Sibiya and himself,” said the senior Hawks source.
The device has been handed to the State Security Agency for analysis.
However, in another affidavit, Sibiya says two colonels from the Crime Intelligence Unit arrived at his offices in Parktown asking for the device because it belonged to their then suspended boss, Lieutenant General Richard Mdluli, who wanted it back.
Sibiya, who was also suspended at the time, then asked McBride to collect it and examine its contents “to see if it was not a bugging device that was installed unlawfully to monitor my communications”.
The Hawks investigation against McBride relies on an affidavit by Sibiya’s chief administration clerk, Pearl Angel Pomuser, which says McBride and two other men arrived at the provincial headquarters and demanded the device.
McBride allegedly threatened Pomuser with criminal charges if she did not comply, and he was then given the “Data 6 line box” device.
In his letter to Pomuser, McBride said IPID was “investigating a case of systematic corruption” and needed to examine it.
Criminal charges
Last week, City Press reported that McBride faced suspension for allegedly changing the findings of a report into the roles Dramat and Sibiya played in the renditions. The differences between the draft report that implicates the two and the final version that clears them is under way by law firm Werksmans Attorneys.
The senior Hawks officer said that if McBride were found to have played a role in altering the report, he would face additional criminal charges of defeating the ends of justice.
A source within the Sandton law firm told City Press they were still analysing the reports and had asked Nhleko for another two weeks to complete their investigation, which was initially due on Friday.
“Our mandate has been extended to a month,” the source said.
In his notice of intention to suspend McBride, Nhleko accuses McBride of deliberately misleading Dramat and Sibiya by saying they had been cleared of their role in the renditions when they had not.
McBride is also accused of not informing Nhleko that there were two reports and of undermining the minister by writing to the parliamentary portfolio committee on police two weeks ago to request a special sitting to explain the differences in the reports.
Hawks spokesperson Brigadier Hangwani Mulaudzi declined to comment on Saturday, referring questions to police ministry spokesperson Musa Zondi.
Zondi confirmed Nhleko had asked McBride “in the letter whether taking the device could not be construed as tampering with evidence”.
In 2011, McBride was sentenced to two years in prison for drunken driving and an effective three years for trying to defeat the ends of justice.
He successfully appealed his conviction on both counts in 2013.
Source: News24
Sunday, March 8, 2015
Police Minister launches investigation into Robert McBride
Police Minister Nkosinathi Nhleko has launched an investigation into Independent Police Investigative Directorate (Ipid) Head Robert McBride’s handling of the case involving senior Hawks officials and their role in the rendition of Zimababweans in 2010.
It’s understood Ipid filed conflicting reports on the case.
The City Press is reporting Nhleko has accused McBride of changing the findings on the report allegedly in an attempt to protect the Hawks bosses.
The police ministry has also confirmed that Nhleko called the IPID boss asking to explain why there were differences in the two IPID reports.
Spokesperson Musa Zondi, “The minister has asked Werksmans Attourneys to look into both reports and come back to us as soon as possible and tell us when exactly these reports were changed and what the reasons were.”
Weekend reports suggest McBride could soon be joining Hawks boss Anwa Dramat and Shadrack Sibiya on suspension, in the wake of the illegal rendition of five Zimbabweans from Diepsloot, over the Beitbridge Border Post in 2010.
The police minister suspended the pair late last year however, the High Court in Pretoria rendered Dramat's suspension null and void.
However, the Police Ministry last month confirmed that Dramat has not reported for duty, and is on leave by mutual agreement with Nhleko.
Source: EWN
It’s understood Ipid filed conflicting reports on the case.
The City Press is reporting Nhleko has accused McBride of changing the findings on the report allegedly in an attempt to protect the Hawks bosses.
The police ministry has also confirmed that Nhleko called the IPID boss asking to explain why there were differences in the two IPID reports.
Spokesperson Musa Zondi, “The minister has asked Werksmans Attourneys to look into both reports and come back to us as soon as possible and tell us when exactly these reports were changed and what the reasons were.”
Weekend reports suggest McBride could soon be joining Hawks boss Anwa Dramat and Shadrack Sibiya on suspension, in the wake of the illegal rendition of five Zimbabweans from Diepsloot, over the Beitbridge Border Post in 2010.
The police minister suspended the pair late last year however, the High Court in Pretoria rendered Dramat's suspension null and void.
However, the Police Ministry last month confirmed that Dramat has not reported for duty, and is on leave by mutual agreement with Nhleko.
Source: EWN
Friday, June 1, 2012
Police’s controversial new broom
Acting police chief Nhlanhla Mkhwanazi is being hailed as a hero for his efforts in cleaning up the police force and taking steps to remove officials like embattled crime intelligence boss Richard Mdluli, who are seen as hampering performance and undermining the force’s reputation.
If there was any doubt as to Mkhwanazi’s motives, within days of signing notices of suspension against Mdluli and financial crime intelligence head Major-General Solly Lazarus, Mkhwanazi was quoted in the Sunday Independent as saying: “I am a cop. I want the police environment to have clean cops. If we want to fight crime we must rid the SAPS of criminals and stay with clean cops.” Mdluli has been accused of both murder and corruption – allegations that become all the more disconcerting when one considers that his policing responsibility, crime intelligence, is central to fighting graft. Mkhwanazi’s spokesperson Lindela Mashigo said: “(Mkhwanazi) has an unwavering determination to tackle crime and root out corruption within and outside the police service.”
His most recent move has been to put fresh security checks on crime intelligence unit members, “believing that half of the unit is corrupt”, it was recently reported in the Independent press. Three senior officers were issued with transfer notices on Tuesday 29 May and about 200 covert operations members have been told they will be subjected to a security-vetting clearance and have until Friday 1 June to comply.
Mkhwanazi’s strong position on corruption within the force is not without reason. A study by Transparency International looking at six Southern African countries revealed that the police are seen as the most corrupt in the public service. The survey, which spoke to more than 6 000 people in South Africa, Mozambique, Malawi, Zambia, the Democratic Republic of Congo and Zimbabwe between 2010 and 2011, found that 62% of people believe corruption has got worse in the last three years. On top of that, a recent Corruption Watch report revealed rampant corruption in the Johannesburg Metro Police Department, with 150 000 of the city’s drivers – one in four – asked for a bribe in 2010.
Following the suspension of Mdluli and Lazarus, Mkhwanazi has requested a full report into the police intelligence slush fund and how money has been spent, which will add to investigations by the Hawks. In the eight months since the acting national police commissioner took office, Mkhwanazi has shown his mettle and his willingness to make some controversial decisions. As Institute for Security Studies crime and justice expert Dr Johan Burger points out, Mkhwanazi’s mere acceptance of the job opened him up to severe criticism, after President Jacob Zuma appointed him over 26 more senior officials. At the time of his promotion Mkhwanazi was a major-general. He was only appointed lieutenant-general after taking up his acting chief role. If those who appointed him expected the BTech graduate in policing with operational, but no administrative experience, to toe the line, then they were seriously disappointed.
Just four months in Mkhwanazi, who had already begun reshuffling some senior officials, made it clear how he intended to proceed with the rest of his tenure as police head. In January 2012 he told 3 000 officers at a briefing ahead of ANC centenary celebrations in Bloemfontein that police would be expected not to show their political affiliations or attempt to interfere with politics. “This event is the first of its kind. We warn you, you might have voted, and might be a card-carrying member of a party, but you are still police," he said. "If I find anyone playing politics, we will deal with you severely."
Mkhwanazi has made two controversial decisions since his appointment that have raised concerns for a public already reeling from the disgrace of two previous national police commissioners. Firstly, he attracted some adverse reaction when he threatened to fire any member of his audit committee found to have leaked the document to the Sunday Times that revealed that over 27000 police officers had failed their firearm proficiency tests, and then he signed documents halting the Hawks investigation into Mdluli. However, Mkhwanazi made an unexpected revelation in parliament in April that the investigation against Mdluli was ongoing – this was despite alleged pressure from the police minister to stop the investigation into the slush fund, and reports that the police chief had stopped the probe. This indicated that Mkhwanazi intended to solve problems within the police his way, and without interference.
He dropped a further bombshell by informing parliament that “powers beyond” the police decided whether a case should be prosecuted or not. This highlighted his frustration with the National Prosecuting Authorities’ decision not to pursue action against Mdluli, as well as other unnamed people. This, the first indication by a police official of political interference in decision-making, saw quick reaction. Mthethwa announced earlier in May that Mdluli had been relieved of his post and would be moved to the operational division pending an investigation. Soon after Freedom Under Law applied for an interdict to stop Mdluli from performing any function as an officer pending a judicial review, Mdluli and Lazarus were issued with notices of suspension. They are allowed to put forward reasons why they believe they should not be suspended.
Guns are once again out for Mkhwanazi, who is attempting to investigate some of the allegations in the Hawks reports. His decision to transfer KwaZulu-Natal crime intelligence boss Major-General Deena Moodley to head the Pinetown cluster of stations is being challenged by Moodley in the labour court. Moodley, who alleges it is a witch-hunt by Mkhwanazi, is accused, among other things, of illegally tapping phones of journalists involved in investigations against suspended police chief Bheki Cele and Mdluli. There are concerns that Mkhwanazi’s hardline position may seriously shorten his career. This is despite him being supported by some in government, including Human Settlements Minister Tokyo Sexwale who endorses Mdluli’s suspension.
There are rumours that former ANC chief whip and current director-general of labour Adv Nkosinathi Nhleko is tipped as the permanent replacement to Cele. Cele is appealing a ruling that found him unfit to hold the commissioner position based on his handling of police lease deals in Durban and Pretoria. Unlike Mkhwanazi, Nhleko and suspended chief Cele are not career policemen, which was often cited as contributing to Cele’s lack of understanding about how the police service functions, and what issues needed to be addressed to correct some deep-seated problems in the organisation.
“An essential ingredient in fighting corruption is a committed and clean police force. Mkhwanazi’s ‘clean cop’ attitude and action will raise the morale of the many good people in the police and increase the confidence of people in our official anti-corruption fighters,” says Corruption Watch head David Lewis.
Source: Corruption Watch
If there was any doubt as to Mkhwanazi’s motives, within days of signing notices of suspension against Mdluli and financial crime intelligence head Major-General Solly Lazarus, Mkhwanazi was quoted in the Sunday Independent as saying: “I am a cop. I want the police environment to have clean cops. If we want to fight crime we must rid the SAPS of criminals and stay with clean cops.” Mdluli has been accused of both murder and corruption – allegations that become all the more disconcerting when one considers that his policing responsibility, crime intelligence, is central to fighting graft. Mkhwanazi’s spokesperson Lindela Mashigo said: “(Mkhwanazi) has an unwavering determination to tackle crime and root out corruption within and outside the police service.”
His most recent move has been to put fresh security checks on crime intelligence unit members, “believing that half of the unit is corrupt”, it was recently reported in the Independent press. Three senior officers were issued with transfer notices on Tuesday 29 May and about 200 covert operations members have been told they will be subjected to a security-vetting clearance and have until Friday 1 June to comply.
Mkhwanazi’s strong position on corruption within the force is not without reason. A study by Transparency International looking at six Southern African countries revealed that the police are seen as the most corrupt in the public service. The survey, which spoke to more than 6 000 people in South Africa, Mozambique, Malawi, Zambia, the Democratic Republic of Congo and Zimbabwe between 2010 and 2011, found that 62% of people believe corruption has got worse in the last three years. On top of that, a recent Corruption Watch report revealed rampant corruption in the Johannesburg Metro Police Department, with 150 000 of the city’s drivers – one in four – asked for a bribe in 2010.
Following the suspension of Mdluli and Lazarus, Mkhwanazi has requested a full report into the police intelligence slush fund and how money has been spent, which will add to investigations by the Hawks. In the eight months since the acting national police commissioner took office, Mkhwanazi has shown his mettle and his willingness to make some controversial decisions. As Institute for Security Studies crime and justice expert Dr Johan Burger points out, Mkhwanazi’s mere acceptance of the job opened him up to severe criticism, after President Jacob Zuma appointed him over 26 more senior officials. At the time of his promotion Mkhwanazi was a major-general. He was only appointed lieutenant-general after taking up his acting chief role. If those who appointed him expected the BTech graduate in policing with operational, but no administrative experience, to toe the line, then they were seriously disappointed.
Just four months in Mkhwanazi, who had already begun reshuffling some senior officials, made it clear how he intended to proceed with the rest of his tenure as police head. In January 2012 he told 3 000 officers at a briefing ahead of ANC centenary celebrations in Bloemfontein that police would be expected not to show their political affiliations or attempt to interfere with politics. “This event is the first of its kind. We warn you, you might have voted, and might be a card-carrying member of a party, but you are still police," he said. "If I find anyone playing politics, we will deal with you severely."
Mkhwanazi has made two controversial decisions since his appointment that have raised concerns for a public already reeling from the disgrace of two previous national police commissioners. Firstly, he attracted some adverse reaction when he threatened to fire any member of his audit committee found to have leaked the document to the Sunday Times that revealed that over 27000 police officers had failed their firearm proficiency tests, and then he signed documents halting the Hawks investigation into Mdluli. However, Mkhwanazi made an unexpected revelation in parliament in April that the investigation against Mdluli was ongoing – this was despite alleged pressure from the police minister to stop the investigation into the slush fund, and reports that the police chief had stopped the probe. This indicated that Mkhwanazi intended to solve problems within the police his way, and without interference.
He dropped a further bombshell by informing parliament that “powers beyond” the police decided whether a case should be prosecuted or not. This highlighted his frustration with the National Prosecuting Authorities’ decision not to pursue action against Mdluli, as well as other unnamed people. This, the first indication by a police official of political interference in decision-making, saw quick reaction. Mthethwa announced earlier in May that Mdluli had been relieved of his post and would be moved to the operational division pending an investigation. Soon after Freedom Under Law applied for an interdict to stop Mdluli from performing any function as an officer pending a judicial review, Mdluli and Lazarus were issued with notices of suspension. They are allowed to put forward reasons why they believe they should not be suspended.
Guns are once again out for Mkhwanazi, who is attempting to investigate some of the allegations in the Hawks reports. His decision to transfer KwaZulu-Natal crime intelligence boss Major-General Deena Moodley to head the Pinetown cluster of stations is being challenged by Moodley in the labour court. Moodley, who alleges it is a witch-hunt by Mkhwanazi, is accused, among other things, of illegally tapping phones of journalists involved in investigations against suspended police chief Bheki Cele and Mdluli. There are concerns that Mkhwanazi’s hardline position may seriously shorten his career. This is despite him being supported by some in government, including Human Settlements Minister Tokyo Sexwale who endorses Mdluli’s suspension.
There are rumours that former ANC chief whip and current director-general of labour Adv Nkosinathi Nhleko is tipped as the permanent replacement to Cele. Cele is appealing a ruling that found him unfit to hold the commissioner position based on his handling of police lease deals in Durban and Pretoria. Unlike Mkhwanazi, Nhleko and suspended chief Cele are not career policemen, which was often cited as contributing to Cele’s lack of understanding about how the police service functions, and what issues needed to be addressed to correct some deep-seated problems in the organisation.
“An essential ingredient in fighting corruption is a committed and clean police force. Mkhwanazi’s ‘clean cop’ attitude and action will raise the morale of the many good people in the police and increase the confidence of people in our official anti-corruption fighters,” says Corruption Watch head David Lewis.
Source: Corruption Watch
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