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
Showing posts with label Richard Mdluli. Show all posts
Showing posts with label Richard Mdluli. Show all posts
Sunday, March 15, 2015
Friday, February 6, 2015
JZ ignores damning NPA report
Recommendations against the key actors in the Richard Mdluli fraud case have gone unheeded.
The report of an inquiry by retired Constitutional Court Justice Zak Yacoob into the turmoil at the National Prosecuting Authority (NPA) has made damning findings against former acting prosecutions head Nomgcobo Jiba and her key ally, specialised commercial crimes unit head Lawrence Mrwebi.
The report, sent to President Jacob Zuma in October, confirms previous criticism by the courts about Jiba and Mrwebi’s role in the decision to withdraw fraud and corruption charges against suspended crime intelligence boss Richard Mdluli.
Until this week Zuma had failed to respond to the Yacoob report’s recommendations (that Mrwebi should be suspended and an inquiry set up into improprieties at the NPA), reinforcing perceptions that Zuma is protecting his allies in the prosecution service.
On Thursday, after three months of increasing drama and infighting, the presidency announced that Zuma had established an inquiry into the NPA. But that enquiry will not follow the lines recommended by Yacoob. Instead it will deal with the fitness of Mxolisi Nxasana to be the national director of the NPA.
The precise terms of reference for the inquiry are due to be gazetted this Friday, February 6.
The Yacoob report, which included an investigation by advocate Kenneth Manyage, was conducted at the request of Nxasana, the very national director who must now face a presidential inquiry.
Unlike the inquiry now to be instituted into Nxasana, the Yacoob report has no legal force, but strengthens an earlier formal request by Nxasana to Zuma urging him to suspend Jiba and Mrwebi pending the investigation of their alleged perjury by lying under oath.
Both remain in office. NPA spokesperson Velekhaya Mgobhozi confirmed that Zuma, who alone has the power to suspend prosecutors at this level, has never responded to the request.
Jiba and Mrwebi declined to co-operate with Yacoob’s inquiry and Jiba questioned its mandate and lawfulness.
The NPA confirmed last week that the acting head of the Hawks, Major General Berning Ntlemeza, has requested the return of the perjury dockets of Jiba, Mrwebi and Sibongile Mzinyathi, another senior prosecutor accused of altering his evidence in the Mdluli matter.
Ntlemeza’s spokesperson has denied he personally intervened to retrieve the docket, saying “he has the right to ask for progress on any matter”.
The move blocks any formal decision by the NPA on whether to prosecute the trio.
Nxasana inquiry
The inquiry into the fitness of Nxasana comes hard on the heels of the suspension of Hawks commander Anwa Dramat, and what critics see as a political purge at the South African Revenue Service. The move appears to support the view that Zuma is moving against his perceived opponents across a broad front.
The inquiry into Nxasana was first announced more than six months ago, but appeared to have been suspended pending negotiations between Zuma and Nxasana.
Its formalisation now signals a new phase in the increasingly dirty infighting at the NPA. Two independent sources familiar with the matter told amaBhungane that Jiba and Mrwebi were the key stumbling blocks to a settlement between the president and the head of the NPA.
One said: “Nxasana wrote to Zuma and offered to go if Jiba and Mrwebi were removed. He told the president: ‘If they are out, I will go immediately.’
“I suspect he has not changed his position, which is why the president is now proceeding against him.”
Zuma first announced an inquiry into Nxasana in July last year after it emerged he was denied security clearance, purportedly because he did not disclose that he had killed a man at the age of 18.
Nxasana said he was acquitted of the 1985 murder and insisted the revelations about his past were part of factional machinations by his NPA rivals and politicians out to get rid of him.
Until Thursday’s announcement, Zuma had not announced the inquiry’s terms of reference and, following an urgent court application by Nxasana, did not suspend him.
Long shadow
The emergence of the Yacoob report has underscored the central role of the Mdluli saga in the battle for control of the NPA.
It reserves most of its criticism for Mrwebi, a special director appointed by Zuma to head the specialised commercial crime unit in the office of the national director.
The report notes that even before his appointment was gazetted in November 2011, Mrwebi had received hand-delivered representations from Mdluli’s lawyers.
Mdluli had been charged for alleged kickbacks he received in relation to vehicles bought using the crime intelligence division’s secret fund.
The charges emerged from a broader Hawks investigation of abuses of the fund and was under the direction of Pretoria commercial crimes unit boss Glynnis Breytenbach and her divisional director, Mzinyathi.
At the time Mdluli was also fending off a Hawks reinvestigation of murder relating to the unsolved 1999 killing of Mdluli’s former love rival, Oupa Ramogibe.
Mrwebi’s move
Following the representations on the corruption case, Mrwebi determined that the matter could only be investigated by the inspector general of intelligence – despite the latter disputing this interpretation – and instructed Breytenbach to withdraw the charges.
Along the way, Breytenbach appealed in vain to Jiba to review Mrwebi’s decision. She blamed her later suspension and protracted disciplinary battles with the NPA on her determination to prosecute Mdluli. She has since resigned and joined the Democratic Alliance.
In overruling Breytenbach and Mzinyathi, the Yacoob report finds that Mrwebi flouted legislation, stating that such decisions can only be taken “in consultation with” the divisional director.
At Breytenbach’s disciplinary hearing Mzinyathi gave evidence that he had disagreed with Mrwebi’s decision to withdraw charges against Mdluli.
However, when lobby group Freedom Under Law challenged decisions to withdraw murder and corruption charges against Mdluli, Mzinyathi provided an affidavit that appeared to suggest he had agreed with Mrwebi. It is that shift that forms the basis of the perjury investigation against him.
Short shrift
The Yacoob report gives short shrift to these machinations.
“It is trite law that the phrase ‘in consultation with’ means with the concurrence of,” it says. “Yet Mrwebi, for reasons that are difficult to comprehend, chose either not to understand this or to ignore the provision and withdraw charges against Mdluli in circumstances where Mr Mzinyathi did not agree with this course.
“Mr Mrwebi’s evidence at Ms Breytenbach’s disciplinary inquiry is telling … He veered, with some instability, among three possibilities: there was substantial agreement, it was 50-50, or no agreement at all …
“His evidence at the disciplinary hearing left a great deal to be desired. He displayed much arrogance, contradicted himself repeatedly and, in material respects, demonstrated considerable lack of understanding of the law and of legal processes.
“In our view his evidence was certainly not becoming of a person holding the position of special director. He certainly did not come across as a man of credibility or integrity … In our view there are serious criticisms of Mr Mrwebi which must be acted upon.”
Yacoob on Mdluli
Turning to the Mdluli cases, the Yacoob report notes: “We are convinced, having looked at the dockets, that there was at the very least a prima facie case against Major General Mdluli on the fraud and corruption as well as the murder and related charges. The fact they were withdrawn … are both matters of grave concern.”
In a clear reference to the perjury allegations against Jiba, Mrwebi and Mzinyathi, the report noted: “In regard to certain criminal charges against senior NPA personnel: we confirm our view that there is a prima facie case in all of them.
“Mr Mrwebi has got a great deal to answer for … the courts have accused him, with justification, of not telling the truth, not being fully frank with the court …
“There is reason to believe he lied under oath and did not respect the court.
“Mzinyathi, too, lied under oath. Initially without qualification he stated that he had not agreed to the withdrawal of fraud and corruption charges. In his later affidavit he virtually (but not quite) said that he had agreed.
“Jiba said in the high court that she knew nothing about the withdrawal of these cases and the court found it difficult to believe her. We agree … we find it quite incredible that she did not know about these cases.”
Mrwebi told amaBhungane this week that it was the first time he had heard the allegations contained in the Yacoob report. “I have not seen that report, so I can’t comment on these allegations.”
Jiba said she could not comment on Yacoob’s findings because she had never seen the report and “I don’t even know under what mandate or legal prescripts Judge Yacoob acted”.
Asked why she refused to be interviewed by Yacoob, Jiba said: “I could not subject myself to something that is unlawful … you can’t just jump for people. People can’t just jump and say we are now investigating you. There are processes you have to follow.
“And in as much as people want to appear as if they are protecting the rule of law, the rule of law must then be applicable to everybody.”
Mzinyathi could not be reached for comment.
Source: mail & Guardian
The report of an inquiry by retired Constitutional Court Justice Zak Yacoob into the turmoil at the National Prosecuting Authority (NPA) has made damning findings against former acting prosecutions head Nomgcobo Jiba and her key ally, specialised commercial crimes unit head Lawrence Mrwebi.
The report, sent to President Jacob Zuma in October, confirms previous criticism by the courts about Jiba and Mrwebi’s role in the decision to withdraw fraud and corruption charges against suspended crime intelligence boss Richard Mdluli.
Until this week Zuma had failed to respond to the Yacoob report’s recommendations (that Mrwebi should be suspended and an inquiry set up into improprieties at the NPA), reinforcing perceptions that Zuma is protecting his allies in the prosecution service.
On Thursday, after three months of increasing drama and infighting, the presidency announced that Zuma had established an inquiry into the NPA. But that enquiry will not follow the lines recommended by Yacoob. Instead it will deal with the fitness of Mxolisi Nxasana to be the national director of the NPA.
The precise terms of reference for the inquiry are due to be gazetted this Friday, February 6.
The Yacoob report, which included an investigation by advocate Kenneth Manyage, was conducted at the request of Nxasana, the very national director who must now face a presidential inquiry.
Unlike the inquiry now to be instituted into Nxasana, the Yacoob report has no legal force, but strengthens an earlier formal request by Nxasana to Zuma urging him to suspend Jiba and Mrwebi pending the investigation of their alleged perjury by lying under oath.
Both remain in office. NPA spokesperson Velekhaya Mgobhozi confirmed that Zuma, who alone has the power to suspend prosecutors at this level, has never responded to the request.
Jiba and Mrwebi declined to co-operate with Yacoob’s inquiry and Jiba questioned its mandate and lawfulness.
The NPA confirmed last week that the acting head of the Hawks, Major General Berning Ntlemeza, has requested the return of the perjury dockets of Jiba, Mrwebi and Sibongile Mzinyathi, another senior prosecutor accused of altering his evidence in the Mdluli matter.
Ntlemeza’s spokesperson has denied he personally intervened to retrieve the docket, saying “he has the right to ask for progress on any matter”.
The move blocks any formal decision by the NPA on whether to prosecute the trio.
Nxasana inquiry
The inquiry into the fitness of Nxasana comes hard on the heels of the suspension of Hawks commander Anwa Dramat, and what critics see as a political purge at the South African Revenue Service. The move appears to support the view that Zuma is moving against his perceived opponents across a broad front.
The inquiry into Nxasana was first announced more than six months ago, but appeared to have been suspended pending negotiations between Zuma and Nxasana.
Its formalisation now signals a new phase in the increasingly dirty infighting at the NPA. Two independent sources familiar with the matter told amaBhungane that Jiba and Mrwebi were the key stumbling blocks to a settlement between the president and the head of the NPA.
One said: “Nxasana wrote to Zuma and offered to go if Jiba and Mrwebi were removed. He told the president: ‘If they are out, I will go immediately.’
“I suspect he has not changed his position, which is why the president is now proceeding against him.”
Zuma first announced an inquiry into Nxasana in July last year after it emerged he was denied security clearance, purportedly because he did not disclose that he had killed a man at the age of 18.
Nxasana said he was acquitted of the 1985 murder and insisted the revelations about his past were part of factional machinations by his NPA rivals and politicians out to get rid of him.
Until Thursday’s announcement, Zuma had not announced the inquiry’s terms of reference and, following an urgent court application by Nxasana, did not suspend him.
Long shadow
The emergence of the Yacoob report has underscored the central role of the Mdluli saga in the battle for control of the NPA.
It reserves most of its criticism for Mrwebi, a special director appointed by Zuma to head the specialised commercial crime unit in the office of the national director.
The report notes that even before his appointment was gazetted in November 2011, Mrwebi had received hand-delivered representations from Mdluli’s lawyers.
Mdluli had been charged for alleged kickbacks he received in relation to vehicles bought using the crime intelligence division’s secret fund.
The charges emerged from a broader Hawks investigation of abuses of the fund and was under the direction of Pretoria commercial crimes unit boss Glynnis Breytenbach and her divisional director, Mzinyathi.
At the time Mdluli was also fending off a Hawks reinvestigation of murder relating to the unsolved 1999 killing of Mdluli’s former love rival, Oupa Ramogibe.
Mrwebi’s move
Following the representations on the corruption case, Mrwebi determined that the matter could only be investigated by the inspector general of intelligence – despite the latter disputing this interpretation – and instructed Breytenbach to withdraw the charges.
Along the way, Breytenbach appealed in vain to Jiba to review Mrwebi’s decision. She blamed her later suspension and protracted disciplinary battles with the NPA on her determination to prosecute Mdluli. She has since resigned and joined the Democratic Alliance.
In overruling Breytenbach and Mzinyathi, the Yacoob report finds that Mrwebi flouted legislation, stating that such decisions can only be taken “in consultation with” the divisional director.
At Breytenbach’s disciplinary hearing Mzinyathi gave evidence that he had disagreed with Mrwebi’s decision to withdraw charges against Mdluli.
However, when lobby group Freedom Under Law challenged decisions to withdraw murder and corruption charges against Mdluli, Mzinyathi provided an affidavit that appeared to suggest he had agreed with Mrwebi. It is that shift that forms the basis of the perjury investigation against him.
Short shrift
The Yacoob report gives short shrift to these machinations.
“It is trite law that the phrase ‘in consultation with’ means with the concurrence of,” it says. “Yet Mrwebi, for reasons that are difficult to comprehend, chose either not to understand this or to ignore the provision and withdraw charges against Mdluli in circumstances where Mr Mzinyathi did not agree with this course.
“Mr Mrwebi’s evidence at Ms Breytenbach’s disciplinary inquiry is telling … He veered, with some instability, among three possibilities: there was substantial agreement, it was 50-50, or no agreement at all …
“His evidence at the disciplinary hearing left a great deal to be desired. He displayed much arrogance, contradicted himself repeatedly and, in material respects, demonstrated considerable lack of understanding of the law and of legal processes.
“In our view his evidence was certainly not becoming of a person holding the position of special director. He certainly did not come across as a man of credibility or integrity … In our view there are serious criticisms of Mr Mrwebi which must be acted upon.”
Yacoob on Mdluli
Turning to the Mdluli cases, the Yacoob report notes: “We are convinced, having looked at the dockets, that there was at the very least a prima facie case against Major General Mdluli on the fraud and corruption as well as the murder and related charges. The fact they were withdrawn … are both matters of grave concern.”
In a clear reference to the perjury allegations against Jiba, Mrwebi and Mzinyathi, the report noted: “In regard to certain criminal charges against senior NPA personnel: we confirm our view that there is a prima facie case in all of them.
“Mr Mrwebi has got a great deal to answer for … the courts have accused him, with justification, of not telling the truth, not being fully frank with the court …
“There is reason to believe he lied under oath and did not respect the court.
“Mzinyathi, too, lied under oath. Initially without qualification he stated that he had not agreed to the withdrawal of fraud and corruption charges. In his later affidavit he virtually (but not quite) said that he had agreed.
“Jiba said in the high court that she knew nothing about the withdrawal of these cases and the court found it difficult to believe her. We agree … we find it quite incredible that she did not know about these cases.”
Mrwebi told amaBhungane this week that it was the first time he had heard the allegations contained in the Yacoob report. “I have not seen that report, so I can’t comment on these allegations.”
Jiba said she could not comment on Yacoob’s findings because she had never seen the report and “I don’t even know under what mandate or legal prescripts Judge Yacoob acted”.
Asked why she refused to be interviewed by Yacoob, Jiba said: “I could not subject myself to something that is unlawful … you can’t just jump for people. People can’t just jump and say we are now investigating you. There are processes you have to follow.
“And in as much as people want to appear as if they are protecting the rule of law, the rule of law must then be applicable to everybody.”
Mzinyathi could not be reached for comment.
Source: mail & Guardian
Friday, August 15, 2014
NPA boss Nxasana wins battle against suspension - for now
The National Prosecuting Authority boss Mxolisi Nxasana appears to have won round one in his battle against President Jacob Zuma to keep his job.
Following a meeting between the parties today, Nxasana has not been suspended by Zuma, as had been widely expected this week, the Mail & Guardian has established.
Talks were held this morning after Nxasana filed an urgent court interdict on Tuesday to try to compel Zuma to provide him with further clarity on why he wants to suspend him.
The matter was postponed indefinitely but kept on the court roll, and efforts are being made to try to settle the dispute out of court.
Anticipating Nxasana’s suspension
The court action was seen by Zuma’s supporters as a pre-emptive strike, as they were anticipating Nxasana’s suspension by the President on Tuesday, said an NPA source.
Nxasana’s supporters believe attempts were made to get him to resign after the prosecuting authority moved to recharge suspended crime intelligence boss Richard Mdluli with fraud and corruption.
Trouble erupted seven months after he took up his post when Nxasana was asked in May by former justice minister Jeff Radebe to step down, as he had apparently failed his security clearance.
Nxasana pointed out in his court papers this week that Radebe had brought up cases from 30 years ago, and he had declared most of them.
One of these cases involved a murder charge he faced in court when he was 18, which he said he had not declared because he was acquitted on the grounds that he had acted in self-defence.
While some NPA legal figures have clashed with Nxasana, a number of NPA prosecutors have told the M&G they will not stand by and allow Nxasana to be removed from office, without good reason.
“We believe in his integrity and independence,” said a senior NPA prosecutor this week. “He is the only one who can restore our dignity and pride and bury the rot.”
Nxasana had a deadline for Tuesday to provide reasons why he should not be suspended.
Zuma wrote him a letter and made it clear that he intends to suspend Nxasana while he waits for a commission of inquiry into his fitness to hold office to be convened. However, Nxasana said he would not provide the President with reasons why he should not be suspended unless he has further details about why he wants to suspend him.
Nxasana and Zuma are expected to meet again next week, but the presidency is keeping mum on details.
Further court action could take place if Nxasana is not happy with the outcome, said NPA sources, if Nxasana is still not provided with further details on why Zuma wants to suspend him.
Zuma’s spokesperson Mac Maharaj confirmed in a press statement the President had met with the National Director of Public Prosecutions (NDPP) this morning and said they had discussed various matters around the President’s intention to hold an inquiry into the NDPP’s fitness to hold office.
“The President has taken note of the issues raised by the NDPP,” said Maharaj. “An announcement will be made when all the processes have been completed.”
Source: Mail & Guardian
Following a meeting between the parties today, Nxasana has not been suspended by Zuma, as had been widely expected this week, the Mail & Guardian has established.
Talks were held this morning after Nxasana filed an urgent court interdict on Tuesday to try to compel Zuma to provide him with further clarity on why he wants to suspend him.
The matter was postponed indefinitely but kept on the court roll, and efforts are being made to try to settle the dispute out of court.
Anticipating Nxasana’s suspension
The court action was seen by Zuma’s supporters as a pre-emptive strike, as they were anticipating Nxasana’s suspension by the President on Tuesday, said an NPA source.
Nxasana’s supporters believe attempts were made to get him to resign after the prosecuting authority moved to recharge suspended crime intelligence boss Richard Mdluli with fraud and corruption.
Trouble erupted seven months after he took up his post when Nxasana was asked in May by former justice minister Jeff Radebe to step down, as he had apparently failed his security clearance.
Nxasana pointed out in his court papers this week that Radebe had brought up cases from 30 years ago, and he had declared most of them.
One of these cases involved a murder charge he faced in court when he was 18, which he said he had not declared because he was acquitted on the grounds that he had acted in self-defence.
While some NPA legal figures have clashed with Nxasana, a number of NPA prosecutors have told the M&G they will not stand by and allow Nxasana to be removed from office, without good reason.
“We believe in his integrity and independence,” said a senior NPA prosecutor this week. “He is the only one who can restore our dignity and pride and bury the rot.”
Nxasana had a deadline for Tuesday to provide reasons why he should not be suspended.
Zuma wrote him a letter and made it clear that he intends to suspend Nxasana while he waits for a commission of inquiry into his fitness to hold office to be convened. However, Nxasana said he would not provide the President with reasons why he should not be suspended unless he has further details about why he wants to suspend him.
Nxasana and Zuma are expected to meet again next week, but the presidency is keeping mum on details.
Further court action could take place if Nxasana is not happy with the outcome, said NPA sources, if Nxasana is still not provided with further details on why Zuma wants to suspend him.
Zuma’s spokesperson Mac Maharaj confirmed in a press statement the President had met with the National Director of Public Prosecutions (NDPP) this morning and said they had discussed various matters around the President’s intention to hold an inquiry into the NDPP’s fitness to hold office.
“The President has taken note of the issues raised by the NDPP,” said Maharaj. “An announcement will be made when all the processes have been completed.”
Source: Mail & Guardian
Sunday, August 10, 2014
Criminal charges laid against senior NPA officials
Criminal charges have been laid against three National Prosecuting Authority senior officials, the prosecuting authority confirmed on Sunday.
“Yes, it is indeed correct,” NPA spokesperson Nathi Mncube said in reply to an SMS from Sapa. Former acting NPA head Nomgcobo Jiba, director of public prosecutions for north Gauteng Sibongile Mzinyathi and head of the NPA’s specialised commercial crimes unit Lawrence Mrwebi were facing charges of perjury.
City Press newspaper reported that the charges followed court findings made about the NPA’s leadership last year. This was after rights group Freedom Under Law successfully applied to overturn the dropping of criminal charges against former crime intelligence boss Richard Mdluli.
Mdluli is expected back in court on Monday reportedly on charges which included kidnapping, assault and intimidation. Mncube confirmed he was expected to appear in the Palm Ridge Magistrate’s Court but would not say on what charges. According to the newspaper, National Director of Public Prosecutions Mxolisi Nxasana has written to President Jacob Zuma asking him to suspend Jiba, Mrwebi and Mzinyathi, pending an inquiry into their fitness to hold office.
Nxasana himself could be facing suspension, pending an inquiry. This was after reports emerged that he had apparently not been given a security clearance for the job as NPA boss because of past brushes with the law. Earlier this week, the presidency said Zuma had notified Nxasana that he was considering suspending him with full pay. – Sapa
Source: Mail & Guardian
“Yes, it is indeed correct,” NPA spokesperson Nathi Mncube said in reply to an SMS from Sapa. Former acting NPA head Nomgcobo Jiba, director of public prosecutions for north Gauteng Sibongile Mzinyathi and head of the NPA’s specialised commercial crimes unit Lawrence Mrwebi were facing charges of perjury.
City Press newspaper reported that the charges followed court findings made about the NPA’s leadership last year. This was after rights group Freedom Under Law successfully applied to overturn the dropping of criminal charges against former crime intelligence boss Richard Mdluli.
Mdluli is expected back in court on Monday reportedly on charges which included kidnapping, assault and intimidation. Mncube confirmed he was expected to appear in the Palm Ridge Magistrate’s Court but would not say on what charges. According to the newspaper, National Director of Public Prosecutions Mxolisi Nxasana has written to President Jacob Zuma asking him to suspend Jiba, Mrwebi and Mzinyathi, pending an inquiry into their fitness to hold office.
Nxasana himself could be facing suspension, pending an inquiry. This was after reports emerged that he had apparently not been given a security clearance for the job as NPA boss because of past brushes with the law. Earlier this week, the presidency said Zuma had notified Nxasana that he was considering suspending him with full pay. – Sapa
Source: Mail & Guardian
Monday, December 2, 2013
Mdluli wins bid to appeal charges ruling
Suspended police crime intelligence head Richard Mdluli, the National Prosecuting Authority and the Specialised Commercial Crime Unit may appeal against a ruling that charges against him must be reinstated, the high court in Pretoria ruled on Monday.
Freedom Under Law (FUL) did not oppose the application, and said the matter concerned issues of significant public importance which ought to be aired in the Supreme Court of Appeal.
An application by the public interest group to revive a previous interim interdict stopping Mdluli from returning to work would continue only at a later stage.
National police commissioner Riah Phiyega has agreed to give the FUL 30 days' notice if she wants to reinstate Mdluli.
The FUL said it reserved its rights to approach the court again.
Deputy Judge President of the high courts in Johannesburg and Pretoria Aubrey Ledwaba granted leave to appeal against Judge John Murphy's ruling in September in favour of the FUL.
Decision set aside
Murphy had set aside decisions to withdraw charges of money laundering and murder, and disciplinary proceedings, against Mdluli.
Ledwaba said there were compelling reasons to grant leave, and there was a reasonable prospect that another court might come to a different conclusion.
Considering the importance and complexity of the issues, the Supreme Court of Appeal in Bloemfontein would be the correct court to deal with the matter.
Ledwaba said Murphy was not available to hear the application. The application for leave to appeal began before Murphy in October, but due to "some unfortunate altercation" between him and William Mokhari SC, Ledwaba intervened and postponed the matter indefinitely.
The altercation started when Mokhari, who represented the police commissioner, told Murphy it was presumptuous to ask if Phiyega intended reinstating Mdluli.
Murphy repeatedly told Mokhari to sit down and when he refused, Murphy walked out of the court. Mokhari, who is the chairperson of the Johannesburg Bar Council, has since laid a formal complaint about the judge's "demeaning" remarks with the Judicial Service Commission. – Sapa
Freedom Under Law (FUL) did not oppose the application, and said the matter concerned issues of significant public importance which ought to be aired in the Supreme Court of Appeal.
An application by the public interest group to revive a previous interim interdict stopping Mdluli from returning to work would continue only at a later stage.
National police commissioner Riah Phiyega has agreed to give the FUL 30 days' notice if she wants to reinstate Mdluli.
The FUL said it reserved its rights to approach the court again.
Deputy Judge President of the high courts in Johannesburg and Pretoria Aubrey Ledwaba granted leave to appeal against Judge John Murphy's ruling in September in favour of the FUL.
Decision set aside
Murphy had set aside decisions to withdraw charges of money laundering and murder, and disciplinary proceedings, against Mdluli.
Ledwaba said there were compelling reasons to grant leave, and there was a reasonable prospect that another court might come to a different conclusion.
Considering the importance and complexity of the issues, the Supreme Court of Appeal in Bloemfontein would be the correct court to deal with the matter.
Ledwaba said Murphy was not available to hear the application. The application for leave to appeal began before Murphy in October, but due to "some unfortunate altercation" between him and William Mokhari SC, Ledwaba intervened and postponed the matter indefinitely.
The altercation started when Mokhari, who represented the police commissioner, told Murphy it was presumptuous to ask if Phiyega intended reinstating Mdluli.
Murphy repeatedly told Mokhari to sit down and when he refused, Murphy walked out of the court. Mokhari, who is the chairperson of the Johannesburg Bar Council, has since laid a formal complaint about the judge's "demeaning" remarks with the Judicial Service Commission. – Sapa
Friday, October 18, 2013
New NPA boss Nxasana seeks clarity on Mdluli case
Mxolisi Nxasana says his decision to wait on an appeal court ruling to reinstate charges against Richard Mdluli is not a delaying tactic.
Several security checks are required before the Mail & Guardian meets the recently appointed national director of public prosecutions (NDPP), Mxolisi Nxasana, at the offices of the National Prosecuting Authority (NPA) in Pretoria this week.
Even our cellphones are locked up until we have finished the interview with the 45-year-old attorney who has what is probably one of the toughest jobs in crime-fighting and justice in South Africa.
Nxasana's Durban colleagues approached him about putting himself forward for the top job at the NPA and he agreed. The next step was an interview by a team from the presidency.
Nxasana, who was running his own legal practice, was in court in August, with a client on the stand, when his cellphone started vibrating. The news of his appointment that day changed his life dramatically.
His appointment was made after President Jacob Zuma was taken to court by the civil rights group the Council for the Advancement of the South African Constitution, to force him to appoint a permanent NDPP.
It meant a rushed move and he and his wife, Amagugu Khanyile Nxasana, who is also an attorney and works for a mining company, are still busy settling their family in Gauteng.
Nxasana says he has prioritised the cases of suspended police crime intelligence head Richard Mdluli and NPA prosecutor, advocate Glynnis Breytenbach. Breytenbach, now back at work downstairs in the sprawling NPA offices, still maintains that she was suspended and charged to stop her from proceeding with a fraud case against Mdluli.
Cool-headed attorney
Shortly after his appointment Nxasana informed Parliament that he had launched an application for leave to appeal a Pretoria High Court judgment ordering the reinstatement of criminal charges against Mdluli.
As a result, he soon went from "hero to villain", according to some news reports. The cool-headed attorney says he was not given a chance to explain the rationale behind the move.
The nub of the NPA's court application, seen by the M&G, is that the courts should not interfere with the decisions of an independent prosecutor except in exceptional cases.
The damning judgment by Judge John Murphy was handed down after civil society organisation Freedom Under Law made an application to the Pretoria High Court asking it to overturn the decision by specialised commercial crimes unit head Lawrence Mrwebi to drop the charges against Mdluli.
In his judgment, Murphy ordered the immediate reinstatement of corruption and murder charges against Mdluli.
"We just want the higher courts to give guidance because this is a first judgment of its kind," says Nxasana emphatically.
"If I want to reinstate the charges against Mdluli, I can. Nobody should view the decision as a delaying tactic. I owe nothing to Mdluli and I haven't even met him. I owe the NPA and the people of South Africa, and no one else.
"I am hoping that Judge Murphy will grant us leave to appeal to the Supreme Court of Appeal."
Spy tapes
Nxasana says he is yet to meet Zuma himself and also insists that his cannot be considered a political appointment.
When asked whether he would take up the case of former acting NPA head Nomgcobo Jiba, who came under fire for apparently refusing to hand over the controversial "spy tapes" that let Zuma off the hook, Nxasana says he is not yet aware of what is on the tapes.
"If I feel that there is prima facie evidence that will ultimately warrant prosecution I can tell you my duty, my responsibility, will be mandated by the Constitution, regardless of who appointed me," he says.
"Without putting a name to any person, if a crime is committed and there is admissable and credible evidence, my team will come to a conclusion. It doesn't matter what position a person holds. Even if it is President Zuma, or whoever it is."
Mention his former mentor and close friend, the late attorney Mvuseni Ngubane, and Nxasana's face immediately lights up.
"Whenever I think about him I know he was going to be first person to be proud of my appointment," he says. "I was his candidate attorney, his product. We went on to become very good friends. He had faith in me. So I did look up to him."
Unclear
Nxasana's reflections on Ngubane are tinged with sadness.
"Mvuseni was my mentor. I wish he were around. He would be able to say: 'You are what you are because of me.'
"As an officer of the court he was a very principled man, who held the value and ethos of the profession in very high esteem. He wouldn't do anything to compromise his profession, and he instilled this in me."
Ngubane was found dead in the back of his Mercedes-Benz in his garage in Durban in 2012, in what was described as a suspected suicide.
The attorney had been appointed to the key position of secretary of the Arms Procurement Commission and would have controlled all the evidence gathered by the inquiry, which is now under way.
To this day, it is unclear why he decided to take his life, says Nxasana.
Regularly detained
"It was suicide. I was glad that I was among the first persons to arrive at the scene and to witness what had happened myself and to see where he was sitting with the firearm. It was just next to him," says Nxasana, who wants to dispel any rumours that his friend's death might not have been a suicide.
"This was captured on the CCTV monitor, which was viewed, and there was absolutely no foul play."
After his appointment Nxasana relinquished his post as chairperson of the Durban branch of the Black Lawyers' Association, a position Ngubane had held until his death.
Nxasana, who is little known outside of KwaZulu-Natal, says he owes his fighting spirit to many people, including his father, Bhakisisa Harold Nxasana, who was a trade unionist in the clothing industry.
The older Nxasana, he says, was regularly detained by police at the family's home in Umlazi. On his release the house would be filled with inspiring visitors like anti-apartheid lawyer Mlungisi Griffiths Mxenge and political activist Rick Turner, both of whom were later assassinated, allegedly by apartheid security forces.
His mother, Toti Clotilda Nxasana, a teacher, mostly raised the family single-handedly, sometimes with financial help from his father's prominent friends.
The Richard Mdluli saga
In early 2011 the police's suspended crime intelligence head, Richard Mdluli, was arrested and charged with various crimes, including murder, intimidation, attempted murder, kidnapping, assault with intent to do grievous bodily harm and defeating the ends of justice.
Later the same year he was arrested again and charged with further counts of fraud, corruption, theft and money laundering. This was after he was sensationally accused of looting the police secret service account for his personal benefit.
The charges against him were withdrawn, but the Pretoria High Court ruled recently that the National Prosecuting Authority (NPA) should reinstate the charges. The NPA has launched an urgent application for leave to appeal that judgment.
Last month the police's specialist unit, the Hawks, laid a criminal charge against the NPA's specialised commercial crimes unit head, Lawrence Mrwebi, for defeating the ends of justice by dropping the corruption charges against Mdluli. – Glynnis Underhill
Source: Mail & Guardian
Several security checks are required before the Mail & Guardian meets the recently appointed national director of public prosecutions (NDPP), Mxolisi Nxasana, at the offices of the National Prosecuting Authority (NPA) in Pretoria this week.
Even our cellphones are locked up until we have finished the interview with the 45-year-old attorney who has what is probably one of the toughest jobs in crime-fighting and justice in South Africa.
Nxasana's Durban colleagues approached him about putting himself forward for the top job at the NPA and he agreed. The next step was an interview by a team from the presidency.
Nxasana, who was running his own legal practice, was in court in August, with a client on the stand, when his cellphone started vibrating. The news of his appointment that day changed his life dramatically.
His appointment was made after President Jacob Zuma was taken to court by the civil rights group the Council for the Advancement of the South African Constitution, to force him to appoint a permanent NDPP.
It meant a rushed move and he and his wife, Amagugu Khanyile Nxasana, who is also an attorney and works for a mining company, are still busy settling their family in Gauteng.
Nxasana says he has prioritised the cases of suspended police crime intelligence head Richard Mdluli and NPA prosecutor, advocate Glynnis Breytenbach. Breytenbach, now back at work downstairs in the sprawling NPA offices, still maintains that she was suspended and charged to stop her from proceeding with a fraud case against Mdluli.
Cool-headed attorney
Shortly after his appointment Nxasana informed Parliament that he had launched an application for leave to appeal a Pretoria High Court judgment ordering the reinstatement of criminal charges against Mdluli.
As a result, he soon went from "hero to villain", according to some news reports. The cool-headed attorney says he was not given a chance to explain the rationale behind the move.
The nub of the NPA's court application, seen by the M&G, is that the courts should not interfere with the decisions of an independent prosecutor except in exceptional cases.
The damning judgment by Judge John Murphy was handed down after civil society organisation Freedom Under Law made an application to the Pretoria High Court asking it to overturn the decision by specialised commercial crimes unit head Lawrence Mrwebi to drop the charges against Mdluli.
In his judgment, Murphy ordered the immediate reinstatement of corruption and murder charges against Mdluli.
"We just want the higher courts to give guidance because this is a first judgment of its kind," says Nxasana emphatically.
"If I want to reinstate the charges against Mdluli, I can. Nobody should view the decision as a delaying tactic. I owe nothing to Mdluli and I haven't even met him. I owe the NPA and the people of South Africa, and no one else.
"I am hoping that Judge Murphy will grant us leave to appeal to the Supreme Court of Appeal."
Spy tapes
Nxasana says he is yet to meet Zuma himself and also insists that his cannot be considered a political appointment.
When asked whether he would take up the case of former acting NPA head Nomgcobo Jiba, who came under fire for apparently refusing to hand over the controversial "spy tapes" that let Zuma off the hook, Nxasana says he is not yet aware of what is on the tapes.
"If I feel that there is prima facie evidence that will ultimately warrant prosecution I can tell you my duty, my responsibility, will be mandated by the Constitution, regardless of who appointed me," he says.
"Without putting a name to any person, if a crime is committed and there is admissable and credible evidence, my team will come to a conclusion. It doesn't matter what position a person holds. Even if it is President Zuma, or whoever it is."
Mention his former mentor and close friend, the late attorney Mvuseni Ngubane, and Nxasana's face immediately lights up.
"Whenever I think about him I know he was going to be first person to be proud of my appointment," he says. "I was his candidate attorney, his product. We went on to become very good friends. He had faith in me. So I did look up to him."
Unclear
Nxasana's reflections on Ngubane are tinged with sadness.
"Mvuseni was my mentor. I wish he were around. He would be able to say: 'You are what you are because of me.'
"As an officer of the court he was a very principled man, who held the value and ethos of the profession in very high esteem. He wouldn't do anything to compromise his profession, and he instilled this in me."
Ngubane was found dead in the back of his Mercedes-Benz in his garage in Durban in 2012, in what was described as a suspected suicide.
The attorney had been appointed to the key position of secretary of the Arms Procurement Commission and would have controlled all the evidence gathered by the inquiry, which is now under way.
To this day, it is unclear why he decided to take his life, says Nxasana.
Regularly detained
"It was suicide. I was glad that I was among the first persons to arrive at the scene and to witness what had happened myself and to see where he was sitting with the firearm. It was just next to him," says Nxasana, who wants to dispel any rumours that his friend's death might not have been a suicide.
"This was captured on the CCTV monitor, which was viewed, and there was absolutely no foul play."
After his appointment Nxasana relinquished his post as chairperson of the Durban branch of the Black Lawyers' Association, a position Ngubane had held until his death.
Nxasana, who is little known outside of KwaZulu-Natal, says he owes his fighting spirit to many people, including his father, Bhakisisa Harold Nxasana, who was a trade unionist in the clothing industry.
The older Nxasana, he says, was regularly detained by police at the family's home in Umlazi. On his release the house would be filled with inspiring visitors like anti-apartheid lawyer Mlungisi Griffiths Mxenge and political activist Rick Turner, both of whom were later assassinated, allegedly by apartheid security forces.
His mother, Toti Clotilda Nxasana, a teacher, mostly raised the family single-handedly, sometimes with financial help from his father's prominent friends.
The Richard Mdluli saga
In early 2011 the police's suspended crime intelligence head, Richard Mdluli, was arrested and charged with various crimes, including murder, intimidation, attempted murder, kidnapping, assault with intent to do grievous bodily harm and defeating the ends of justice.
Later the same year he was arrested again and charged with further counts of fraud, corruption, theft and money laundering. This was after he was sensationally accused of looting the police secret service account for his personal benefit.
The charges against him were withdrawn, but the Pretoria High Court ruled recently that the National Prosecuting Authority (NPA) should reinstate the charges. The NPA has launched an urgent application for leave to appeal that judgment.
Last month the police's specialist unit, the Hawks, laid a criminal charge against the NPA's specialised commercial crimes unit head, Lawrence Mrwebi, for defeating the ends of justice by dropping the corruption charges against Mdluli. – Glynnis Underhill
Source: Mail & Guardian
Thursday, November 29, 2012
SAPS Crime Intelligence: frozen in the political winter of Mangaung
The spy wars in the police’s embattled crime intelligence division are at the heart of a relentless struggle for control between political factions, each fighting to get its man into the much sought-after seat of spy master. Not unlike the Apartheid regime’s security branch, crime intelligence is a notoriously powerful instrument for government, as the eyes and ears on not only the criminal activities of mob bosses, but also the politicians and businessmen with whom they are connected. As this silent battle in the murky world of spies plays itself out in the final days on the road to Mangaung, combating crime has taken a back seat, writes DE WET POTGIETER.
The police’s crime intelligence division – in theory the backbone of crime prevention and the effective combating of crime in South Africa – appear to have become so politicised with factional in-fighting that this expert unit have suffered from paralysis since the struggle for the top post as spy master intensified last year.
“The spy bosses at crime intelligence headquarters in Pretoria are sitting on their hands, too afraid to make a wrong move in the run-up to Mangaung, in case it jeopardises their future in the police.”
That’s how well-placed intelligence sources describe the sensitive circumstances surrounding them.
In the latest saga of dirty tricks in Spy versus Spy – which was a closely guarded secret until now – Daily Maverick can reveal that the Toshiba laptop of acting head of crime intelligence, Major-General Chris Ngcobo, mysteriously disappeared from the boot of his car, together with sensitive intelligence documents.
In a handwritten sworn statement, Ngcobo’s official driver, Ernest Masemola, said he stopped on 24 September with a Ford Focus in Esselen Street, in Sunnyside in Pretoria, to pick up photographs from Photo Plus. From there he travelled to the Brooklyn Mall and then drove Ngcobo to Doornpoort in the north of Pretoria.
“I parked the car outside [with] my commanding officer, Major-General Chris Ngcobo, [and we] both got out of the car. We walked together to the boot of the car and when I opened it we discovered his laptop was missing.”
Police spokesperson Brigadier Phuti Setati declined to comment on the incident.
Ngcobo, a former head of Protection and Security Services in the Free State and a former head of VIP Protection, was appointed as acting top police spy by national police commissioner Riah Phiyega “to bring stability” to crime intelligence after the position was vacated following the suspension of controversial former intelligence chief Lieutenant-General Richard Mdluli.
Both local and foreign intelligence sources voiced their concern to Daily Maverick that soon after his appointment, Ngcobo suspended – until after the Mangaung conference is done and dusted – all official authorisation of telephone tapping for agents working on deep cover operations within organised crime syndicates. This ban on surveillance was recently eased somewhat after an investigating advocate from the prosecuting authority intervened.
According to senior colleagues, Ngcobo is sitting with an explosive docket regarding one of his predecessors as acting head of intelligence – and the main rival of Mdluli to this top post, Major-General Mark Hankel – without taking any action. It has been reliably learned that the dossier recommends that action be taken against Hankel regarding the following two issues:
Hankel, the former head of crime intelligence’s operational intelligence analysis section, is a very powerful officer in the division and had always been seen as the main rival of Mdluli for the top post. He was instrumental in drafting the controversial secret report presented to the inspector general of intelligence, Faith Radebe, earlier this year, outlining the allegations of fraud and misappropriation of the slush fund against Mdluli.
The controversy surrounding crime intelligence culminated last year when, with the stroke of a pen, almost the entire top management of the police’s crime intelligence were instructed to vacate their offices and move to other sections in the SAPS. Reacting soon after the purge, police spokesperson Major-General Nonkululeko Mbatha said that “certain interventions have been done directed at the optimal functioning of the environment.” All this was done in the interest of the service, she added.
In total, 11 members of management received their walking letters, and one of them had been suspended while under investigation by the Hawks. They were redeployed to other sections in the SAPS.
“This was not a spur of the moment decision,” a senior police source close to crime intelligence explained soon after the purge. “The investigation into the activities there had been ongoing for quite some time.”
This drastic move by then-acting national police commissioner, Major-General Nhlanhla Mkhwanazi, was a sequel to the crackdown by the Hawks on the controversial division. Mdluli was the first casualty of the purge after the Hawks chief, General Anwar Dramat, received instructions to clean out crime intelligence, starting at the top. Top Cape Town cop, Colonel Piet Viljoen, was brought up to Gauteng as part of the behind-the-scenes investigation.
For some time now, it has been possible to sense from within the ranks of crime intelligence an eerie atmosphere of distrust since Mdluli’s arrest, especially as the police spies started to panic and closed ranks. (Mdluli was recently cleared of the murder charge, but remains on suspension.)
The next to go was the controversial former Gauteng boss, Joey Mabasa, who fell from grace owing to his wife’s links with the Czech fugitive Radovan Krejcir’s wife. Mabasa took a severance package last year and left the police quietly.
In another strange move by the crime intelligence top brass, the police refused to give reasons for the massive destruction of extremely valuable and sensitive documents and surveillance material regarding the activities of international crime syndicates and local drug lords soon after Mdluli was arrested for murder last year.
It is believed that the purge of the police’s spy unit in November last year was partly the result of the bitter internal political struggle which lead to the panicky destruction of vital evidence that pointed to links by top ANC politicians and family members with crime syndicate leaders.
According to intelligence sources, Operations Dante and Snowman were two top secret intelligence-driven investigations into the links of South African crime bosses with, in particular, the dangerous crime syndicates operating from the Balkan countries – with the main focus on Serbia and Montenegro.
“There were at least 30 targets whose telephones were legally tapped in these operations,” sources closely connected to these deep cover operations said.
Some of the key “targets” the agents were eavesdropping on were, among others, the slain gangland boss, Cyril Beeka, the murdered king of sleaze, Lolly Jackson, the Czech fugitive, Radovan Krejcir, one of his Serbian business associates, Veselin “Vesco” Laganin, and convicted drug dealer, Glen Agliotti.
Asked for comment, the then Hawks spokesperson, Colonel Macintosh Polela, said: “We don’t give out information on crime intelligence operations. As such, I’m unable to respond to any of your questions.”
Since Phiyega took over as police commissioner earlier this year, Mkhwanazi was redeployed. Before she took over the reins, he had been rumoured to be the frontrunner for the intelligence post. Mkhwanazi took the decisive decision last year to suspend Mdluli from his post as intelligence boss pending the outcome of the murder trial.
According to well-placed sources, within days of Mdluli’s arrest, Hankel withdrew particular crime intelligence material from the vaults at crime intelligence head office in Pretoria, and the frantic shredding started around the clock, destroying vital evidence regarding international organised crime syndicates. Hankel, who is regarded as “very knowledgeable”, with a lot of sensitive information, including the criminal activities of influential people, declined to comment.
Showing his hand in this relentless battle for the heart of crime intelligence, soon after his arrest, Mdluli handed the so-called Ground Coverage Report to President Jacob Zuma, in which it is alleged that certain high-profile ANC leaders, including Human Settlement Minister Tokyo Sexwale, KwaZulu-Natal Premier Zweli Mkhize and Bheki Cele, plotted to overthrow Zuma. These claims of a conspiracy against Zuma were vehemently denied.
The Hawks, which relied heavily on information from the police’s crime intelligence division for its own investigations, severed all links, with crime intelligence due to the breach in trust; the working relationship soured when the super cops discovered that the phones of Hawks investigators were being illegally tapped by crime intelligence.
Only a few weeks away, the ANC’s Mangaung conference will define the winners and losers, at least for the time being. One question remains difficult to answer, however: will the police crime intelligence unit ever become what it is supposed to be – an elite department whose only true masters are the people of South Africa? DM
Source: Daily Maverick
The police’s crime intelligence division – in theory the backbone of crime prevention and the effective combating of crime in South Africa – appear to have become so politicised with factional in-fighting that this expert unit have suffered from paralysis since the struggle for the top post as spy master intensified last year.
“The spy bosses at crime intelligence headquarters in Pretoria are sitting on their hands, too afraid to make a wrong move in the run-up to Mangaung, in case it jeopardises their future in the police.”
That’s how well-placed intelligence sources describe the sensitive circumstances surrounding them.
In the latest saga of dirty tricks in Spy versus Spy – which was a closely guarded secret until now – Daily Maverick can reveal that the Toshiba laptop of acting head of crime intelligence, Major-General Chris Ngcobo, mysteriously disappeared from the boot of his car, together with sensitive intelligence documents.
In a handwritten sworn statement, Ngcobo’s official driver, Ernest Masemola, said he stopped on 24 September with a Ford Focus in Esselen Street, in Sunnyside in Pretoria, to pick up photographs from Photo Plus. From there he travelled to the Brooklyn Mall and then drove Ngcobo to Doornpoort in the north of Pretoria.
“I parked the car outside [with] my commanding officer, Major-General Chris Ngcobo, [and we] both got out of the car. We walked together to the boot of the car and when I opened it we discovered his laptop was missing.”
Police spokesperson Brigadier Phuti Setati declined to comment on the incident.
Ngcobo, a former head of Protection and Security Services in the Free State and a former head of VIP Protection, was appointed as acting top police spy by national police commissioner Riah Phiyega “to bring stability” to crime intelligence after the position was vacated following the suspension of controversial former intelligence chief Lieutenant-General Richard Mdluli.
Both local and foreign intelligence sources voiced their concern to Daily Maverick that soon after his appointment, Ngcobo suspended – until after the Mangaung conference is done and dusted – all official authorisation of telephone tapping for agents working on deep cover operations within organised crime syndicates. This ban on surveillance was recently eased somewhat after an investigating advocate from the prosecuting authority intervened.
According to senior colleagues, Ngcobo is sitting with an explosive docket regarding one of his predecessors as acting head of intelligence – and the main rival of Mdluli to this top post, Major-General Mark Hankel – without taking any action. It has been reliably learned that the dossier recommends that action be taken against Hankel regarding the following two issues:
- The leakage of information;
- The illegal interception of telephone conversations of other government departments as well as the use of the Secret Services Account (SSA).
Hankel, the former head of crime intelligence’s operational intelligence analysis section, is a very powerful officer in the division and had always been seen as the main rival of Mdluli for the top post. He was instrumental in drafting the controversial secret report presented to the inspector general of intelligence, Faith Radebe, earlier this year, outlining the allegations of fraud and misappropriation of the slush fund against Mdluli.
The controversy surrounding crime intelligence culminated last year when, with the stroke of a pen, almost the entire top management of the police’s crime intelligence were instructed to vacate their offices and move to other sections in the SAPS. Reacting soon after the purge, police spokesperson Major-General Nonkululeko Mbatha said that “certain interventions have been done directed at the optimal functioning of the environment.” All this was done in the interest of the service, she added.
In total, 11 members of management received their walking letters, and one of them had been suspended while under investigation by the Hawks. They were redeployed to other sections in the SAPS.
“This was not a spur of the moment decision,” a senior police source close to crime intelligence explained soon after the purge. “The investigation into the activities there had been ongoing for quite some time.”
This drastic move by then-acting national police commissioner, Major-General Nhlanhla Mkhwanazi, was a sequel to the crackdown by the Hawks on the controversial division. Mdluli was the first casualty of the purge after the Hawks chief, General Anwar Dramat, received instructions to clean out crime intelligence, starting at the top. Top Cape Town cop, Colonel Piet Viljoen, was brought up to Gauteng as part of the behind-the-scenes investigation.
For some time now, it has been possible to sense from within the ranks of crime intelligence an eerie atmosphere of distrust since Mdluli’s arrest, especially as the police spies started to panic and closed ranks. (Mdluli was recently cleared of the murder charge, but remains on suspension.)
The next to go was the controversial former Gauteng boss, Joey Mabasa, who fell from grace owing to his wife’s links with the Czech fugitive Radovan Krejcir’s wife. Mabasa took a severance package last year and left the police quietly.
In another strange move by the crime intelligence top brass, the police refused to give reasons for the massive destruction of extremely valuable and sensitive documents and surveillance material regarding the activities of international crime syndicates and local drug lords soon after Mdluli was arrested for murder last year.
It is believed that the purge of the police’s spy unit in November last year was partly the result of the bitter internal political struggle which lead to the panicky destruction of vital evidence that pointed to links by top ANC politicians and family members with crime syndicate leaders.
According to intelligence sources, Operations Dante and Snowman were two top secret intelligence-driven investigations into the links of South African crime bosses with, in particular, the dangerous crime syndicates operating from the Balkan countries – with the main focus on Serbia and Montenegro.
“There were at least 30 targets whose telephones were legally tapped in these operations,” sources closely connected to these deep cover operations said.
Some of the key “targets” the agents were eavesdropping on were, among others, the slain gangland boss, Cyril Beeka, the murdered king of sleaze, Lolly Jackson, the Czech fugitive, Radovan Krejcir, one of his Serbian business associates, Veselin “Vesco” Laganin, and convicted drug dealer, Glen Agliotti.
Asked for comment, the then Hawks spokesperson, Colonel Macintosh Polela, said: “We don’t give out information on crime intelligence operations. As such, I’m unable to respond to any of your questions.”
Since Phiyega took over as police commissioner earlier this year, Mkhwanazi was redeployed. Before she took over the reins, he had been rumoured to be the frontrunner for the intelligence post. Mkhwanazi took the decisive decision last year to suspend Mdluli from his post as intelligence boss pending the outcome of the murder trial.
According to well-placed sources, within days of Mdluli’s arrest, Hankel withdrew particular crime intelligence material from the vaults at crime intelligence head office in Pretoria, and the frantic shredding started around the clock, destroying vital evidence regarding international organised crime syndicates. Hankel, who is regarded as “very knowledgeable”, with a lot of sensitive information, including the criminal activities of influential people, declined to comment.
Showing his hand in this relentless battle for the heart of crime intelligence, soon after his arrest, Mdluli handed the so-called Ground Coverage Report to President Jacob Zuma, in which it is alleged that certain high-profile ANC leaders, including Human Settlement Minister Tokyo Sexwale, KwaZulu-Natal Premier Zweli Mkhize and Bheki Cele, plotted to overthrow Zuma. These claims of a conspiracy against Zuma were vehemently denied.
The Hawks, which relied heavily on information from the police’s crime intelligence division for its own investigations, severed all links, with crime intelligence due to the breach in trust; the working relationship soured when the super cops discovered that the phones of Hawks investigators were being illegally tapped by crime intelligence.
Only a few weeks away, the ANC’s Mangaung conference will define the winners and losers, at least for the time being. One question remains difficult to answer, however: will the police crime intelligence unit ever become what it is supposed to be – an elite department whose only true masters are the people of South Africa? DM
Source: Daily Maverick
Friday, August 24, 2012
Politicking among police
Concerns over the politicisation of the criminal justice system were first raised over the Mbeki administration's investigation of Jacob Zuma.
Now, under a Zuma presidency, concern has congealed into dread as his appointments to the prosecution service have injected political poison into the state's most sensitive independent organs.
First came the appointment of the hopelessly compromised Menzi Simelane as national director of public prosecutions. Then came Willem Heath's return to the Special Investigating Unit. His political agenda was so transparent he blurted it out in the media and had to go.
Next was Lawrence Mrwebi, chosen to head the Specialised Commercial Crime unit. Mrwebi is a fallible man who had been deeply embroiled in efforts to shut down the Scorpions.
In December last year, when Simelane was beginning to test his leash, the Supreme Court of Appeal declared his appointment invalid, allowing Zuma to appoint a stand-in candidate arguably as deeply partial as Heath: Nomgcobo Jiba.
In 2007 Jiba was suspended for her role in trying to procure the arrest of then-Gauteng Scorpions boss Gerrie Nel. Richard Mdluli came to her defence, alleging she had been assisting police with an intelligence-driven investigation of the Scorpions. The justice minister weighed in to query her case and after Zuma took power she was reinstated.
Intelligence
Since December last year, Jiba and Mrwebi have acted like a tag team to take on politically sensitive cases. In the Mdluli case, Mrwebi ordered the withdrawal of fraud charges, relying, in part, on undisclosed "intelligence".
Jiba followed that punch with the suspension of prosecutor Glynnis Breytenbach, who wanted to pursue charges against Mdluli and was central to a politically sensitive investigation of alleged fraud in the acquisition of mining rights at Sishen. Next came the withdrawal of charges against Zuma backers and KwaZulu-Natal MECs Mike Mabuyakhulu and Peggy Nkonyeni in the "amigos" corruption case.
Today we report on further damaging allegations of Mrwebi's meddling in a case whose implications are as yet obscure. All we know is the man Mrwebi allegedly tried to protect is someone whose business it was to know the dirty secrets of the National Prosecuting Authority's provincial office.
The poison is now at the heart of the system.
Source: Mail & Guardian
Now, under a Zuma presidency, concern has congealed into dread as his appointments to the prosecution service have injected political poison into the state's most sensitive independent organs.
First came the appointment of the hopelessly compromised Menzi Simelane as national director of public prosecutions. Then came Willem Heath's return to the Special Investigating Unit. His political agenda was so transparent he blurted it out in the media and had to go.
Next was Lawrence Mrwebi, chosen to head the Specialised Commercial Crime unit. Mrwebi is a fallible man who had been deeply embroiled in efforts to shut down the Scorpions.
In December last year, when Simelane was beginning to test his leash, the Supreme Court of Appeal declared his appointment invalid, allowing Zuma to appoint a stand-in candidate arguably as deeply partial as Heath: Nomgcobo Jiba.
In 2007 Jiba was suspended for her role in trying to procure the arrest of then-Gauteng Scorpions boss Gerrie Nel. Richard Mdluli came to her defence, alleging she had been assisting police with an intelligence-driven investigation of the Scorpions. The justice minister weighed in to query her case and after Zuma took power she was reinstated.
Intelligence
Since December last year, Jiba and Mrwebi have acted like a tag team to take on politically sensitive cases. In the Mdluli case, Mrwebi ordered the withdrawal of fraud charges, relying, in part, on undisclosed "intelligence".
Jiba followed that punch with the suspension of prosecutor Glynnis Breytenbach, who wanted to pursue charges against Mdluli and was central to a politically sensitive investigation of alleged fraud in the acquisition of mining rights at Sishen. Next came the withdrawal of charges against Zuma backers and KwaZulu-Natal MECs Mike Mabuyakhulu and Peggy Nkonyeni in the "amigos" corruption case.
Today we report on further damaging allegations of Mrwebi's meddling in a case whose implications are as yet obscure. All we know is the man Mrwebi allegedly tried to protect is someone whose business it was to know the dirty secrets of the National Prosecuting Authority's provincial office.
The poison is now at the heart of the system.
Source: Mail & Guardian
Lawrence Mrwebi accused of interfering in staff fraud probe
Controversial National Prosecuting Authority strongman Lawrence Mrwebi is at the centre of new claims of trying to interfere with an investigation. Mrwebi, appointed late last year to head the NPA’s Specialised Commercial Crime unit, has accumulated a number of controversial interventions in politically charged cases. They include his instruction to withdraw charges against suspended crime intelligence supremo Richard Mdluli and his review of charges against KwaZulu-Natal provincial heavyweights Mike Mabuyakhulu and Peggy Nkonyeni.
But the latest allegation is so serious that it is said to have been brought to the attention of the Hawks, although this could not be confirmed. And it is also much closer to home, involving current and former members of the NPA staff in corruption allegations that seem to have been kept buried for years.
The background
The case goes back to 2006 when the NPA advertised a tender for security at various NPA buildings around the country for an amount of R13-million. In a process that formed the basis of criminal charges against five men, the tender was awarded to an unknown KwaZulu-Natal security company, Intense Protection and Tourist Services, owned by KwaZulu-Natal businessperson Muziwandile Nala. By this time, the cost had increased to R19-million.
According to a summary of the evidence in the case, a key player in setting up the tender was the then acting head of the KwaZulu-Natal security and risk management unit of the NPA, Terence Joubert. Prior to the issuing of the tender, key members of its national security and risk management team travelled to Durban on official business.
The ‘coloured’ group
The group included its head, Walter “Wally” Rhoode, and the man who was later to serve as the chair of the bid evaluation committee, John Maree. Joubert, Rhoode and Maree formed part of what was later termed a “coloured” group that dominated the NPA’s security structures. During that visit, Joubert brought Nala after hours to the hotel in order to introduce him to the NPA delegation. Nala was later encouraged to bid for the tender and approached his former mentor, prominent Durban VIP protection specialist Andre van der Byl, to submit a joint bid because Nala had no capacity to meet the bid requirements.
According to the evidence summary, Nala approached Van der Byl with the claim that “through Terence Joubert … and other coloureds based at head office” he was “guaranteed” to win the tender.
The ‘scam’
The summary records that in the open tender no company met the minimum 60% score. Rhoode and the NPA’s head of supply chain management, Tebogo Sethabela, then recommended a closed tender through a request for bids from companies that had scored 40% or more. Inexplicably, Intense Protection was invited to bid again, although, according to the investigation, it had scored only 27% in the first round.
The instruction to invite Intense Protection was issued by both Maree and Sethabela, although they both allegedly knew the company did not qualify. It is alleged that Nala, Joubert and Van der Byl, who is a state witness, travelled to Pretoria for a briefing and that Nala handed over an envelope believed to contain R20 000 to Rhoode. Nala is alleged also to have gratified others in the syndicate, including Joubert, Maree and Sethabela.
The closed tender, under the chairmanship of Maree, disqualified the other two bidders and awarded the contract to Intense Protection. Van der Byl pulled out of the deal.
Joubert
Joubert occupies a highly sensitive position in the NPA’s Durban office and has wide internal access to information and involvement in internal investigations of NPA staff. It was this role that appears to have blown the lid on the alleged tender scam. Colleagues suspected that Joubert was being used by organised crime targets to disrupt their investigations by laying complaints against them, which Joubert would then investigate because of his risk management mandate.
It appears the NPA head office was, in turn, tipped off about an infraction by Joubert, who allegedly used a state vehicle for private travel to the Eastern Cape. The probe, by the Scorpions’s special national projects unit, was completed in August 2007 and is understood to have revealed the relationship between Nala and Joubert. Allegations and evidence against Joubert were handed to the NPA’s integrity management unit, led by Prince Mokotedi.
There the matter appears to have lain dormant until 2009 when, in May of that year, the Sowetan was tipped off about the Intense Protection contract. Following inquiries, the NPA announced that the matter had been referred to the police for investigation. Although no names of suspects were released, Rhoode, who had left the NPA to take over as head of security for the Fifa World Cup, unexpectedly resigned his position three months later.
Mokotedi
Mokotedi has since emerged as a key ally of Mrwebi and the acting national director of public prosecutions, Nomgcobo Jiba. Together with Jiba, he assisted Mdluli with the investigation into Gauteng Scorpions boss Gerrie Nel, which led to Nel’s arrest just ahead of the charging of former police commissioner Jackie Selebi.
Jiba faced disciplinary charges because of her actions and both Mdluli and Mokotedi gave statements in her defence. Both Mokotedi and Mrwebi gave evidence for the defence in the Selebi trial.
Enter the Hawks
According to evidence by the prosecutor in court, police began seriously probing the Intense Protection case only in late 2011 when it was taken over by the Hawks. In early December 2011, Hawks investigator Colonel Frans Kola arrested Nala, Joubert, Maree, Rhoode and Sethabela for tender fraud. They were all released on bail and have indicated they believe the state does not have a case against them.
However, during Kola’s investigation, the police conducted a search and seizure operation on Joubert. It was at this stage that Mrwebi allegedly intervened.
Enter Mrwebi
According to an account provided to the Mail & Guardian, Mrwebi “stormed in” to the office of the prosecutor overseeing the case, advocate Nathi Mncube, and allegedly instructed him to halt the execution of the search warrant.
Mncube asked to know the basis of this instruction because, at the time, he did not report to Mrwebi.
Mrwebi, who knows Joubert well from his time as head of the Scorpions in KwaZulu-Natal, could not provide a satisfactory justification and Mncube refused his demand.
It is alleged that Mrwebi thereupon telephoned a police officer involved in the search and attempted to instruct him to call off the search. The officer also refused.
Mrwebi also instructed Mncube to hand over the investigation docket. Mncube refused.
Following Jiba’s appointment to act as national director of public prosecutions in the place of Menzi Simelane at the end of December 2011, she called for a briefing on cases that had been overseen by Simelane, which included the Intense Protection matter.
Mncube was reluctant to brief Jiba in the presence of Mrwebi because of his previous interference, but she insisted.
Following the briefing, she confirmed that he must report to Mrwebi on this matter.
NPA response
The NPA declined to deal with the allegations of interference.
NPA spokesperson Bulelwa Makeke said in an email response: “As a matter of principle, we will not be drawn into responding to gossip-mongering and clandestine media leaks by faceless internal sources. Doing so will be legitimising clearly unethical behaviour by employees with anti-establishment agendas.”
On May 28, Mncube was provisionally forced to withdraw charges when the magistrate in the Pretoria Regional Court refused to grant another postponement for further investigation.
Mncube complained that part of the delay was owing to the investigator, Kola, having been removed from the case and the fact, since March, that two new officers had to be briefed.
The NPA said: “The investigations are on track and advocate Mncube will re-enrol the case as soon as the outstanding elements of the investigation are completed.”
Source: Mail & Guardian
But the latest allegation is so serious that it is said to have been brought to the attention of the Hawks, although this could not be confirmed. And it is also much closer to home, involving current and former members of the NPA staff in corruption allegations that seem to have been kept buried for years.
The background
The case goes back to 2006 when the NPA advertised a tender for security at various NPA buildings around the country for an amount of R13-million. In a process that formed the basis of criminal charges against five men, the tender was awarded to an unknown KwaZulu-Natal security company, Intense Protection and Tourist Services, owned by KwaZulu-Natal businessperson Muziwandile Nala. By this time, the cost had increased to R19-million.
According to a summary of the evidence in the case, a key player in setting up the tender was the then acting head of the KwaZulu-Natal security and risk management unit of the NPA, Terence Joubert. Prior to the issuing of the tender, key members of its national security and risk management team travelled to Durban on official business.
The ‘coloured’ group
The group included its head, Walter “Wally” Rhoode, and the man who was later to serve as the chair of the bid evaluation committee, John Maree. Joubert, Rhoode and Maree formed part of what was later termed a “coloured” group that dominated the NPA’s security structures. During that visit, Joubert brought Nala after hours to the hotel in order to introduce him to the NPA delegation. Nala was later encouraged to bid for the tender and approached his former mentor, prominent Durban VIP protection specialist Andre van der Byl, to submit a joint bid because Nala had no capacity to meet the bid requirements.
According to the evidence summary, Nala approached Van der Byl with the claim that “through Terence Joubert … and other coloureds based at head office” he was “guaranteed” to win the tender.
The ‘scam’
The summary records that in the open tender no company met the minimum 60% score. Rhoode and the NPA’s head of supply chain management, Tebogo Sethabela, then recommended a closed tender through a request for bids from companies that had scored 40% or more. Inexplicably, Intense Protection was invited to bid again, although, according to the investigation, it had scored only 27% in the first round.
The instruction to invite Intense Protection was issued by both Maree and Sethabela, although they both allegedly knew the company did not qualify. It is alleged that Nala, Joubert and Van der Byl, who is a state witness, travelled to Pretoria for a briefing and that Nala handed over an envelope believed to contain R20 000 to Rhoode. Nala is alleged also to have gratified others in the syndicate, including Joubert, Maree and Sethabela.
The closed tender, under the chairmanship of Maree, disqualified the other two bidders and awarded the contract to Intense Protection. Van der Byl pulled out of the deal.
Joubert
Joubert occupies a highly sensitive position in the NPA’s Durban office and has wide internal access to information and involvement in internal investigations of NPA staff. It was this role that appears to have blown the lid on the alleged tender scam. Colleagues suspected that Joubert was being used by organised crime targets to disrupt their investigations by laying complaints against them, which Joubert would then investigate because of his risk management mandate.
It appears the NPA head office was, in turn, tipped off about an infraction by Joubert, who allegedly used a state vehicle for private travel to the Eastern Cape. The probe, by the Scorpions’s special national projects unit, was completed in August 2007 and is understood to have revealed the relationship between Nala and Joubert. Allegations and evidence against Joubert were handed to the NPA’s integrity management unit, led by Prince Mokotedi.
There the matter appears to have lain dormant until 2009 when, in May of that year, the Sowetan was tipped off about the Intense Protection contract. Following inquiries, the NPA announced that the matter had been referred to the police for investigation. Although no names of suspects were released, Rhoode, who had left the NPA to take over as head of security for the Fifa World Cup, unexpectedly resigned his position three months later.
Mokotedi
Mokotedi has since emerged as a key ally of Mrwebi and the acting national director of public prosecutions, Nomgcobo Jiba. Together with Jiba, he assisted Mdluli with the investigation into Gauteng Scorpions boss Gerrie Nel, which led to Nel’s arrest just ahead of the charging of former police commissioner Jackie Selebi.
Jiba faced disciplinary charges because of her actions and both Mdluli and Mokotedi gave statements in her defence. Both Mokotedi and Mrwebi gave evidence for the defence in the Selebi trial.
Enter the Hawks
According to evidence by the prosecutor in court, police began seriously probing the Intense Protection case only in late 2011 when it was taken over by the Hawks. In early December 2011, Hawks investigator Colonel Frans Kola arrested Nala, Joubert, Maree, Rhoode and Sethabela for tender fraud. They were all released on bail and have indicated they believe the state does not have a case against them.
However, during Kola’s investigation, the police conducted a search and seizure operation on Joubert. It was at this stage that Mrwebi allegedly intervened.
Enter Mrwebi
According to an account provided to the Mail & Guardian, Mrwebi “stormed in” to the office of the prosecutor overseeing the case, advocate Nathi Mncube, and allegedly instructed him to halt the execution of the search warrant.
Mncube asked to know the basis of this instruction because, at the time, he did not report to Mrwebi.
Mrwebi, who knows Joubert well from his time as head of the Scorpions in KwaZulu-Natal, could not provide a satisfactory justification and Mncube refused his demand.
It is alleged that Mrwebi thereupon telephoned a police officer involved in the search and attempted to instruct him to call off the search. The officer also refused.
Mrwebi also instructed Mncube to hand over the investigation docket. Mncube refused.
Following Jiba’s appointment to act as national director of public prosecutions in the place of Menzi Simelane at the end of December 2011, she called for a briefing on cases that had been overseen by Simelane, which included the Intense Protection matter.
Mncube was reluctant to brief Jiba in the presence of Mrwebi because of his previous interference, but she insisted.
Following the briefing, she confirmed that he must report to Mrwebi on this matter.
NPA response
The NPA declined to deal with the allegations of interference.
NPA spokesperson Bulelwa Makeke said in an email response: “As a matter of principle, we will not be drawn into responding to gossip-mongering and clandestine media leaks by faceless internal sources. Doing so will be legitimising clearly unethical behaviour by employees with anti-establishment agendas.”
On May 28, Mncube was provisionally forced to withdraw charges when the magistrate in the Pretoria Regional Court refused to grant another postponement for further investigation.
Mncube complained that part of the delay was owing to the investigator, Kola, having been removed from the case and the fact, since March, that two new officers had to be briefed.
The NPA said: “The investigations are on track and advocate Mncube will re-enrol the case as soon as the outstanding elements of the investigation are completed.”
Source: Mail & Guardian
Friday, August 3, 2012
President Jacob Zuma Laughs Alone
President Jacob Zuma has an infectious
laugh. His guffaws break the ice and disarm the tensest situation. At that
precise moment no answers are demanded on the infamous arms deal or police
corruption because the nation has the giggles and the President laughs loudest.
An ambassador – clearly charmed – once remarked to me that it is a ‘beautiful
laugh’ – and then laughed from his belly. The spell had been cast and from that
moment on he had a crush on my President.
However, for many South Africans the love
affair with our President is on the rocks. The polls reflect a growing unease
with politics that appears increasingly driven by self-preservation: preservation
of power, preservation from prosecution and preservation of moneyed lifestyles.
A potentially toxic mix and the basis of political impunity. How far are the
President and those around him prepared to go in pursuit of this goal?
In the shadows, formal and informal security
networks are settling scores and doing the dirty work of those in power.
Something sinister is afoot. A collusion of interests between people who have
guns and people who have money is starting to infect our politics in an
undeniable manner. The murder of a dozen ANC politicians, including a
whistleblower, in the past three years is an indication of this and the ruling
party has appointed a task team to look into it.
Why is this left to an ANC task team to
investigate when it should surely have been a matter that demanded attention
from the country’s spies at the State Security Agency? They have unparalleled
resources at their disposal, yet City
Press reports that the ANC’s Deputy General Manager will lead this
investigation. Why did the ANC leadership not call in State Security Minister
Siyabonga Cwele’s spies? Or are they not to be trusted to lead an investigation
and report to the President and to Parliament? Do the country’s elected
political leaders not represent the aspirations of a nation and not only party
apparatchiks?
One answer is that some politicians no
longer trust the state spies. While undertaking research on the unfolding saga
of alleged corruption and murder linked to suspended police crime intelligence
chief Lt-Gen Richard Mdluli a few months ago, I was struck by the fact that
some of the country’s highest ranking current and former police chiefs were
afraid to speak on their cellphones. It was a case of ‘batteries out of
cellphones first’. They, like former ANC Youth League leader Julius Malema, answer
their phones with the rhetorical ‘Hello Mr Mdluli’. Are top cops really that
afraid of an alleged criminal network that had come to control police crime
intelligence? This directly under the nose of the Minister of Police, the
Minister of State Security and the President?
What is certain is that a climate of fear is
gripping politics in the country and it is being driven by securocrats. This is
by no means a direct parallel to the machinations of the apartheid state.
However, the trend is worrying. Some of the feared repression is coated in
policy processes such as the Protection of State Information Bill (the Secrecy
Bill), and the current draft of the General Intelligence Amendment Bill – the Secrecy Bill’s ugly twin known as the
‘Spy Bill’. These pieces of legislation will block the free flow of
information, protect the corrupt and allow for the monitoring of communication
on email, MXit, Facebook, Twitter and Skype – providing more insight than spies
sitting in shebeens and potentially more effectively controlling the politically
disaffected urban population (those whose lives do not revolve around shopping
malls).
On the other hand, the proposed Traditional
Courts Bill (the ‘Chiefs Bill’) will ensure greater power for unelected male
traditional leaders at the expense of elected leaders. Thereby potentially drawing
together the strings of a patronage network in rural areas that is largely
accountable to the man who dispenses the money in Pretoria. These three pieces
of legislation, in tandem, will ensure that a conservative-minded state
apparatus inevitably works against the values of an open society. It has the
potential to keep a lid on urban and rural social dissent while ensuring the
possibility of unchecked accrual of wealth and power to those who loosely
control the network. It is cynical politics. Is this what 100 years of ANC
struggle was intended to culminate in?
This does not only manifest in policy.
Consider the sinister manner in which the editor of the Mail & Guardian and senior members of the M&G Centre for
Investigative Journalism (amaBhungane)
have been made to report to the police in what appears to be a pre-arrest
process in the past week. This foreplay to possible criminal sanction is all
because of an exposé that links President Zuma’s spokesperson Mac Maharaj – a
public servant – to corruption in tenders awarded while he was Minister of
Transport. Did Mr Maharaj consult with his direct supervisor before pressing
criminal charges? Is the intention to charge or scare investigative journalists?
Either way, the matter is a disgrace to the Presidency.
Other attempts at intimidation happen when
things go ‘bump in the night’ in a manner where nobody can pin the direct blame
on the state apparatus. Earlier this year Constitutional Court Judge Sisi Khampepe
and Advocate Muzi Sikhakhane’s homes were burgled and laptops stolen. According
to Sikhakhane, who also acts for Malema, one of the documents stolen was an
affidavit by Human Settlements Minister Tokyo Sexwale requesting a probe into Mdluli`s alleged
abuse of state resources. He suspects foul play. I have personally been
circumspect when such allegations are made. This is a country with high levels
of crime and an urban middle class that has developed an appetite for the crime
fiction genre. However, in the past eighteen months my own office has been
broken into twice late at night using exactly the same method of entry, which
requires the skill of a cat burglar. On one occasion my external hard-drive (containing
a draft manuscript of a book on the arms deal) was stolen. In recent weeks the
visitors took nothing, as the hard-drive was safely stored elsewhere (and for
the record I am not sitting on some smoking gun). All other shiny objects were
left untouched. It may be ordinary crime or coincidence.
What is far more worrying is the alleged
‘suicide’ of Arms Deal Commission of Inquiry secretary Advocate Mvuseni Ngubane
in May this year. On the same day he met the President he climbed into his
luxury vehicle, with no know financial or personal problems, and shot himself,
to the dismay of friends and family. A muted shock followed in the press at the
death of a man who in practical terms would be the most powerful person in the commission.
Whatever the reason for his death, it no doubt has delayed the work of the
commission, which is unlikely to start its public deliberations before the ANC’s
national conference in Mangaung and will
now probably only end its work after the 2014 general elections – a happy
coincidence for corrupt businessmen, arms dealers and politicians alike.
We live in a country
where enormous potential lies outside of its elite and within the ranks of
ordinary people who want a more just, fair society. An important element to unlocking
this potential is that we want to fear those with power far less. Without this
none of us will ever be equal. It is a reflex acquired through centuries of
jealously policed inequality that cannot be unlearnt overnight. But when a
handful of securocrats, spies, politicians and police, together with their
business associates, operate outside of the law they undermine the work of
everyone in their ranks. They also send a signal to our society that repression
remains central to maintaining power. This must have been present somewhere in
the minds of the youth gang in Khayelitsha outside Cape Town on Sunday night,
29 July, as they intimidated learners and terrorized an entire community with
knives and pangas. An ‘ordinary’ gang holding up the mirror to our politicians?
These are no laughing matters.
Hennie van Vuuren,
Director, ISS Cape Town Office
Source: ISS
Monday, July 9, 2012
When will the political interference stop?
After President John F Kennedy was assassinated, Malcolm X famously said that the assassination was a case of the “chickens coming home to roost,” adding that “chickens coming home to roost never did make me sad; they’ve always made me glad.” In other words, he was implying that since the white man had used violence so often and so easily in America (especially against black Americans), it was just cosmic balance that the President would become a victim of violence.
Well, the chickens are coming home to roost big time with regard to the on-going political manipulation and abuse of the National Prosecuting Authority (NPA) by various political factions within the ANC. When a perception takes hold that the NPA will prosecute some and avoid prosecuting others solely on the basis of their political connections or on the basis of whether they belong to the faction associated with the incumbent President or not, the credibility of that institution is fatally compromised.
When newspapers then report allegations of flagrant political interference in decisions to prosecute politically connected politicians (as the Mail & Guardian again did on Friday), few well-informed people will read such reports with scepticism. After all, we know that the NPA has often made decisions in the past based on political rather on legal considerations (including in the case relating to the prosecution of President Zuma and then later, the dropping of charges against President Zuma).
It was exactly to prevent this sorry state of affairs, that the drafters of our Constitution included a provision in section 179(4) of the Constitution which states that: “National legislation must ensure that the prosecuting authority exercises its functions without fear, favour or prejudice”. Of course, politicians, including then President Thabo Mbeki and now President Jacob Zuma, do not like to focus on this section of the Constitution, instead pointing to section 179(6) of the Constitution to justify direct interference in the decisions of the NPA. This section states that: “The cabinet member responsible for the administration of justice must exercise final responsibility over the prosecuting authority”.
What the politicians choose to ignore is the following.
The Constitutional Court, in the First Certification Judgment, confirmed that despite this strange provision about the Minister having to exercise final responsibility for the NPA, the Constitution created an independent body in the following terms:
[Section] 179(4) provides that the national legislation must ensure that the prosecuting authority exercises its functions without fear, favour or prejudice. There is accordingly a constitutional guarantee of independence, and any legislation or executive action inconsistent therewith would be subject to constitutional control by the courts.
The politicians also conveniently ignore the judgment of the Supreme Court of Appeal (SCA), in which it dealt with the need for the NPA to be independent while also taking cognisance of the need for the Minister to take final responsibility for the NPA in the following terms:
[T]he Constitution on the one hand vests the prosecutorial responsibility in the NPA while, on the other, it provides that the Minister must exercise final responsibility over it. These provisions may appear to conflict but, as the Namibian Supreme Court held in relation to comparable provisions in its Constitution, they are not incompatible. It held (I am using terms that conform with our Constitution) that although the Minister may not instruct the NPA to prosecute or to decline to prosecute or to terminate a pending prosecution, the Minister is entitled to be kept informed in respect of all prosecutions initiated or to be initiated which might arouse public interest or involve important aspects of legal or prosecutorial authority.
That is why the NPA Act requires members of the prosecuting authority to serve “impartially” and exercise, carry out or perform their powers, duties and functions “in good faith and without fear, favour or prejudice” and subject only to the Constitution and the law. The Act further provides that no one may interfere “improperly” with the NPA in the performance of its duties and functions (in section 32(1)(b) of the Act).
The Act confirms that the manner in which the Minister exercises final responsibility over the NPA is by obliging the NDPP, at the request of the Minister, to furnish the latter with information or a report with regard to any case and to provide the Minister with reasons for any decision taken. The Minister can ask for information, but cannot give any instructions or make any requests regarding the prosecution or non-prosecution of anybody (unless, of course, the Minister is intent on committing a criminal offence by “improperly” trying to influence the NPA).
Of course, problems around political interference in the work of the NPA and the corrupt influence of political loyalties on NPA decisions arise not only when the Minister tries to issue illegal and criminal instructions to the NPA (as former Minister Bridget Mbandla did when she sent a letter – drafted by Menzi Simelane – to former head of the NPA, Vusi Pikoli to stop the arrest of a crook who also happened to be the Police Commissioner ), but also when members in leadership positions inside the NPA stop acting in good faith and instead make decisions based purely on their own political loyalties and self-interest.
When they are willing to do the bidding of their political masters without being instructed to do so, or when they improperly follow the hints or instructions of the Minister or other member of the relevant political faction inside the ANC, they destroy the credibility of the NPA and directly undermine the Rule of Law by creating a situation in which some criminals are above the law because of the political protection they enjoy.
The allegations in the Mail & Guardian regarding the interference in the “Three Amigo’s” case as well as the allegations tha5t the disciplinary charges were brought against prosecutor Glynnis Breytenbach for what appears to be her rather enthusiastic pursuit of the company owned by President Zuma’s financial benefactors, the Gupta’s, or because of her pursuit of that bastion of probity and honesty, Richard Mdluli, illustrate the dangers of the political “capturing of the NPA rather well.
Even if all these allegations are false, given the past abuse of the NPA many people will think them credible or even true. They will think it is true because the chickens have truly come home to roost for the politically much abused and subverted NPA. Who on earth is ever going to believe the protestations of the NPA that there is no political interference when there is such strong proof of on-going political interference at the NPA? I know, I won’t.
It is ironic that President Zuma, who complained bitterly about the abuse of the NPA by the Thabo Mbeki faction when he was facing corruption charges has overseen the further erosion of trust in this institution. I guess it was bad when the other guys were doing it, but now that he is in charge the principles are slightly different to suite the politics. But I guess he will only realise how the chickens have ccome home to roost if he loses his bid for another term as ANC and South African President and again faces the possibility of having to explain to a judge why he took a bribe from Schabir Shaik.
Source: Constitutionally Speaking
Well, the chickens are coming home to roost big time with regard to the on-going political manipulation and abuse of the National Prosecuting Authority (NPA) by various political factions within the ANC. When a perception takes hold that the NPA will prosecute some and avoid prosecuting others solely on the basis of their political connections or on the basis of whether they belong to the faction associated with the incumbent President or not, the credibility of that institution is fatally compromised.
When newspapers then report allegations of flagrant political interference in decisions to prosecute politically connected politicians (as the Mail & Guardian again did on Friday), few well-informed people will read such reports with scepticism. After all, we know that the NPA has often made decisions in the past based on political rather on legal considerations (including in the case relating to the prosecution of President Zuma and then later, the dropping of charges against President Zuma).
It was exactly to prevent this sorry state of affairs, that the drafters of our Constitution included a provision in section 179(4) of the Constitution which states that: “National legislation must ensure that the prosecuting authority exercises its functions without fear, favour or prejudice”. Of course, politicians, including then President Thabo Mbeki and now President Jacob Zuma, do not like to focus on this section of the Constitution, instead pointing to section 179(6) of the Constitution to justify direct interference in the decisions of the NPA. This section states that: “The cabinet member responsible for the administration of justice must exercise final responsibility over the prosecuting authority”.
What the politicians choose to ignore is the following.
The Constitutional Court, in the First Certification Judgment, confirmed that despite this strange provision about the Minister having to exercise final responsibility for the NPA, the Constitution created an independent body in the following terms:
[Section] 179(4) provides that the national legislation must ensure that the prosecuting authority exercises its functions without fear, favour or prejudice. There is accordingly a constitutional guarantee of independence, and any legislation or executive action inconsistent therewith would be subject to constitutional control by the courts.
The politicians also conveniently ignore the judgment of the Supreme Court of Appeal (SCA), in which it dealt with the need for the NPA to be independent while also taking cognisance of the need for the Minister to take final responsibility for the NPA in the following terms:
[T]he Constitution on the one hand vests the prosecutorial responsibility in the NPA while, on the other, it provides that the Minister must exercise final responsibility over it. These provisions may appear to conflict but, as the Namibian Supreme Court held in relation to comparable provisions in its Constitution, they are not incompatible. It held (I am using terms that conform with our Constitution) that although the Minister may not instruct the NPA to prosecute or to decline to prosecute or to terminate a pending prosecution, the Minister is entitled to be kept informed in respect of all prosecutions initiated or to be initiated which might arouse public interest or involve important aspects of legal or prosecutorial authority.
That is why the NPA Act requires members of the prosecuting authority to serve “impartially” and exercise, carry out or perform their powers, duties and functions “in good faith and without fear, favour or prejudice” and subject only to the Constitution and the law. The Act further provides that no one may interfere “improperly” with the NPA in the performance of its duties and functions (in section 32(1)(b) of the Act).
The Act confirms that the manner in which the Minister exercises final responsibility over the NPA is by obliging the NDPP, at the request of the Minister, to furnish the latter with information or a report with regard to any case and to provide the Minister with reasons for any decision taken. The Minister can ask for information, but cannot give any instructions or make any requests regarding the prosecution or non-prosecution of anybody (unless, of course, the Minister is intent on committing a criminal offence by “improperly” trying to influence the NPA).
Of course, problems around political interference in the work of the NPA and the corrupt influence of political loyalties on NPA decisions arise not only when the Minister tries to issue illegal and criminal instructions to the NPA (as former Minister Bridget Mbandla did when she sent a letter – drafted by Menzi Simelane – to former head of the NPA, Vusi Pikoli to stop the arrest of a crook who also happened to be the Police Commissioner ), but also when members in leadership positions inside the NPA stop acting in good faith and instead make decisions based purely on their own political loyalties and self-interest.
When they are willing to do the bidding of their political masters without being instructed to do so, or when they improperly follow the hints or instructions of the Minister or other member of the relevant political faction inside the ANC, they destroy the credibility of the NPA and directly undermine the Rule of Law by creating a situation in which some criminals are above the law because of the political protection they enjoy.
The allegations in the Mail & Guardian regarding the interference in the “Three Amigo’s” case as well as the allegations tha5t the disciplinary charges were brought against prosecutor Glynnis Breytenbach for what appears to be her rather enthusiastic pursuit of the company owned by President Zuma’s financial benefactors, the Gupta’s, or because of her pursuit of that bastion of probity and honesty, Richard Mdluli, illustrate the dangers of the political “capturing of the NPA rather well.
Even if all these allegations are false, given the past abuse of the NPA many people will think them credible or even true. They will think it is true because the chickens have truly come home to roost for the politically much abused and subverted NPA. Who on earth is ever going to believe the protestations of the NPA that there is no political interference when there is such strong proof of on-going political interference at the NPA? I know, I won’t.
It is ironic that President Zuma, who complained bitterly about the abuse of the NPA by the Thabo Mbeki faction when he was facing corruption charges has overseen the further erosion of trust in this institution. I guess it was bad when the other guys were doing it, but now that he is in charge the principles are slightly different to suite the politics. But I guess he will only realise how the chickens have ccome home to roost if he loses his bid for another term as ANC and South African President and again faces the possibility of having to explain to a judge why he took a bribe from Schabir Shaik.
Source: Constitutionally Speaking
Friday, June 22, 2012
National security: Beware a state of disgrace
A spate of perturbing cases involving our police and court systems has strong political undertones, writes Sam Sole.
Safeguards against the abuse of state power face one of their stiffest tests in the series of intertwined cases involving former crime intelligence boss Richard Mdluli, suspended prosecutor Glynnis Breytenbach, former police commissioner Bheki Cele and the 20 policemen arrested this week as part of a crackdown on the so-called Cato Manor police death squad.
Every government tries to use the coercive weight of state authority to remove problems it would rather not deal with through open and drawn-out legal processes. But the shortcuts taken by the Zuma administration have been piling up in an unsustainable way that threatens the prolonged destabilisation of both the police and the prosecution service. The attempts at political manipulation also have implications for the media because various sides in the conflict have used leaks and spin to smear their opponents.
Complicating the process – perhaps even driving it – is that in each case personal interests are involved for the most senior political figures, including Police Minister Nathi Mthethwa and President Jacob Zuma. Moreover, those shortcuts are now facing unprecedented scrutiny in a blizzard of cases.
In terms of Mdluli, they include:
His challenge to his suspension in the Johannesburg Labour Court;
The new disciplinary charges filed against him by outgoing acting police commissioner Nhlanhla Mkhwanazi;
The inquest into the 1999 murder of Oupa Ramogibe, the husband of Mdluli’s former lover;
The Freedom Under Law challenge to the withdrawal of charges against Mdluli and his short-lived reinstatement as divisional commissioner for crime intelligence following the intervention of Mthethwa;
The Hawks investigation into abuses of the secret services account, which implicated Mdluli and other senior crime intelligence officers;
Breytenbach’s challenge to being suspended by the National Prosecuting Authority (NPA), which she alleges had the ulterior motive of preventing her from prosecuting Mdluli for allegedly defrauding the secret services account;
The preliminary investigation by the public protector into Mdluli’s possible role in the surveillance or targeting of Zuma’s political rivals, following a complaint laid by Tokyo Sexwale;
The involvement of the inspector general of intelligence and the auditor general in some aspects of these investigations; and
The ministerial task team appointed by Mthethwa to look into Mdluli’s allegations of a conspiracy against him by other senior police officers.
In terms of Cele, they include:
His high court challenge to the findings of the Moloi inquiry into his fitness to hold office;
Judge Jake Moloi’s recommendation to investigate further Cele’s involvement in the Roux Shabangu police headquarters leasing scandal, as well as question marks over several senior police appointments;
The ongoing litigation over the cancelled leases between the department of public works, Shabangu and his banker, Nedbank;
The suggestion that, because of his closeness to some of those involved, Cele may be drawn into the Cato Manor “hit squad” case and the prosecution of nouveau millionairess Shauwn Mpisane for allegedly defrauding the South African Revenue Service. Cele was conspicuously present in court to support both sets of accused; and
The investigation into how crime intelligence came to intercept Cele’s telephone calls – as well as those of two Sunday Times journalists.
Regarding Breytenbach:
The NPA denies that her involvement in pressing for Mdluli’s prosecution played any role in disciplinary action taken against her, instead citing allegations of improper conduct in another politically charged case – the Kumba Iron Ore criminal case against politically connected company Imperial Crown Trading.
The interwoven strands of these cases can perhaps best be understood by traversing the history of one of the key players.
Cele, contrary to some views, has not been a steady backer of Zuma.
During his time in KwaZulu-Natal, he was for a long time associated with the S’bu Ndebele faction of the provincial ANC, which supported former president Thabo Mbeki until the reality of the Zuma tsunami forced most to switch sides. Historically, Cele was seen as the power broker for the eThekwini region that controlled access to the significant resources of the Durban metro council.
Allies of Cele, such as the Mpisanes and the Gcaba taxi family, benefited from Durban contracts in housing and transport. To complicate matters, the Gcabas are said to have been important contributors to the funds raised for Zuma while he was fighting the corruption charges being pursued by the Scorpions. In 1998 Sbu Mpisane (Shauwn’s husband), a metro police constable, was due to be a state witness in the trial of long-distance taxi boss Mandla Gcaba, accused of arranging the revenge killing of a rival taxi owner. But Mpisane, whose car was identified as the getaway vehicle, disappeared and his failure to testify may have played a role in Gcaba’s acquittal. Mpisane later reappeared and rose to fame as Durban’s richest metro policeman, courtesy of his wife’s company. Conflict between rival taxi associations also looms large in the history of the Cato Manor unit, which fell under provincial Hawks boss Major General Johan Booysen.
During Cele’s tenure as KwaZulu-Natal safety and security MEC, he and Booysen were both cited in an interdict obtained in October 2008 by the chairperson of the kwaMaphumulo Taxi Association, Bongani Mkhize, preventing the police from killing him.
Mkhize, who was embroiled in a long turf war with another taxi association, was being sought in connection with the murder of Kranskop police commander Zethembe Chonco in August that year. At the time of the interdict, the police, including members of the Cato Manor organised crime unit, had killed seven suspects linked to the Chonco murder in alleged shoot-outs. Despite the interdict, Mkhize was shot dead in February 2009 by a police task team that included members of the Cato Manor unit. Police claimed he fired on them, but a ballistics expert brought in by the family raised serious doubts about their version. This killing also featured in the secret intelligence report leaked by the Mdluli camp in March 2011, just ahead of Mdluli’s arrest for the 1999 love triangle murder.
The report – without advancing evidence – accused Cele of orchestrating the killing of Chonco to cover up his own supposed involvement in taxi violence, which Chonco had “stumbled on”, and then arranging for all those involved in the Chonco murder to meet a similar grisly end. Cele, in turn, is understood to have supported the murder investigation into Mdluli, which was reopened shortly before Cele assumed office in 2009. Both Zuma and Mthethwa have also been drawn into the drama around Booysen and members of the Cato Manor unit.
Police claimed to have evidence that taxi boss Mkhize was involved in planning the murder of chief Mbongeleni Zondi, a relative and ally of Zuma. According to a police intelligence source, Zondi, a former policeman, was targeted by Mkhize because he was suspected of providing the information that led to the killing of Maphumulo taxi association boss Magojela Ndimande and his bodyguard in December 2008. They, too, were gunned down by members of the Cato Manor unit, purportedly while on the trail of Chonco’s killers – and all but one of the four suspects accused of involvement in the Zondi killing are now dead at the hands of the police.
In all cases, the Cato Manor unit is claiming the justifiable use of deadly force, but the high-visibility arrests of its members this week suggest an attempt to break the bonds of solidarity that traditionally exist in such a unit. Even sympathetic sources concede that the unit may have become trigger-happy, particularly in relation to suspects allegedly involved in the killing of policemen. But the high-profile involvement of opposing political figures – notably Mthethwa’s earlier vocal demand for the disbanding of the unit and Cele’s public show of support this week – suggests there is more at stake. Booysen, although not charged, is clearly a target. He was initially threatened with suspension for failing to act on the Cato Manor unit’s alleged abuses, but rebuffed the attempt in court. But Booysen is also key to an investigation that has exposed the involvement of the president’s relatives, notably Zuma’s son Edward and Zuma’s friend Deebo Mzobe. Both men have been accused of attempting to intercede in the investigation of Durban multimillionaire Thoshan Panday, accused of fraud in police accommodation contracts. Both have denied their involvement, but not their links to Panday.
Citizen reporter Paul Kirk, who is known to have good contacts in the Cato Manor unit, reported this week that some of the arrested policemen had been involved in investigations into Edward Zuma and his business partners – and that others had been used in probes targeting Mdluli. Mthethwa has, in particular, been embarrassed by leaks about the use of secret services account money to upgrade security at his KwaZulu-Natal home.
On the other hand, the Hawks component of the investigation into the Cato Manor unit was led by Major General Ntebo Mabula, a policeman known to be a trusted associate of Mdluli. The investigation into the unit was prompted by a front-page story in the Sunday Times – complete with some shocking crime-scene pictures of Cato Manor members and their victims. Both the tip-off for the story and the supply of the pictures appear to have come from senior unnamed crime intelligence officers, although the Sunday Times has denied being manipulated by its sources.
The web of cases linking Cele, Mdluli and Breytenbach appears to have many strands that might pose a risk to Zuma and his allies, should they be fully teased out. That may explain the heavy-handed tactics on display in Durban, where the Cato Manor cops offered to hand themselves over but were arrested and handcuffed in front of their families. This approach is also evident in the Breytenbach case, in which the prosecutor has even been charged with performing work outside of the NPA by renting out a flat and running a horse-stabling business.
It may also explain the apparently endless blocking manoeuvres available to Mdluli to challenge his suspension. Whether the strong-arm tactics succeed may depend on how vulnerable those in the firing line perceive themselves to be — and how vulnerable they think the president is.
Source: Mail & Guardian
Safeguards against the abuse of state power face one of their stiffest tests in the series of intertwined cases involving former crime intelligence boss Richard Mdluli, suspended prosecutor Glynnis Breytenbach, former police commissioner Bheki Cele and the 20 policemen arrested this week as part of a crackdown on the so-called Cato Manor police death squad.
Every government tries to use the coercive weight of state authority to remove problems it would rather not deal with through open and drawn-out legal processes. But the shortcuts taken by the Zuma administration have been piling up in an unsustainable way that threatens the prolonged destabilisation of both the police and the prosecution service. The attempts at political manipulation also have implications for the media because various sides in the conflict have used leaks and spin to smear their opponents.
Complicating the process – perhaps even driving it – is that in each case personal interests are involved for the most senior political figures, including Police Minister Nathi Mthethwa and President Jacob Zuma. Moreover, those shortcuts are now facing unprecedented scrutiny in a blizzard of cases.
In terms of Mdluli, they include:
His challenge to his suspension in the Johannesburg Labour Court;
The new disciplinary charges filed against him by outgoing acting police commissioner Nhlanhla Mkhwanazi;
The inquest into the 1999 murder of Oupa Ramogibe, the husband of Mdluli’s former lover;
The Freedom Under Law challenge to the withdrawal of charges against Mdluli and his short-lived reinstatement as divisional commissioner for crime intelligence following the intervention of Mthethwa;
The Hawks investigation into abuses of the secret services account, which implicated Mdluli and other senior crime intelligence officers;
Breytenbach’s challenge to being suspended by the National Prosecuting Authority (NPA), which she alleges had the ulterior motive of preventing her from prosecuting Mdluli for allegedly defrauding the secret services account;
The preliminary investigation by the public protector into Mdluli’s possible role in the surveillance or targeting of Zuma’s political rivals, following a complaint laid by Tokyo Sexwale;
The involvement of the inspector general of intelligence and the auditor general in some aspects of these investigations; and
The ministerial task team appointed by Mthethwa to look into Mdluli’s allegations of a conspiracy against him by other senior police officers.
In terms of Cele, they include:
His high court challenge to the findings of the Moloi inquiry into his fitness to hold office;
Judge Jake Moloi’s recommendation to investigate further Cele’s involvement in the Roux Shabangu police headquarters leasing scandal, as well as question marks over several senior police appointments;
The ongoing litigation over the cancelled leases between the department of public works, Shabangu and his banker, Nedbank;
The suggestion that, because of his closeness to some of those involved, Cele may be drawn into the Cato Manor “hit squad” case and the prosecution of nouveau millionairess Shauwn Mpisane for allegedly defrauding the South African Revenue Service. Cele was conspicuously present in court to support both sets of accused; and
The investigation into how crime intelligence came to intercept Cele’s telephone calls – as well as those of two Sunday Times journalists.
Regarding Breytenbach:
The NPA denies that her involvement in pressing for Mdluli’s prosecution played any role in disciplinary action taken against her, instead citing allegations of improper conduct in another politically charged case – the Kumba Iron Ore criminal case against politically connected company Imperial Crown Trading.
The interwoven strands of these cases can perhaps best be understood by traversing the history of one of the key players.
Cele, contrary to some views, has not been a steady backer of Zuma.
During his time in KwaZulu-Natal, he was for a long time associated with the S’bu Ndebele faction of the provincial ANC, which supported former president Thabo Mbeki until the reality of the Zuma tsunami forced most to switch sides. Historically, Cele was seen as the power broker for the eThekwini region that controlled access to the significant resources of the Durban metro council.
Allies of Cele, such as the Mpisanes and the Gcaba taxi family, benefited from Durban contracts in housing and transport. To complicate matters, the Gcabas are said to have been important contributors to the funds raised for Zuma while he was fighting the corruption charges being pursued by the Scorpions. In 1998 Sbu Mpisane (Shauwn’s husband), a metro police constable, was due to be a state witness in the trial of long-distance taxi boss Mandla Gcaba, accused of arranging the revenge killing of a rival taxi owner. But Mpisane, whose car was identified as the getaway vehicle, disappeared and his failure to testify may have played a role in Gcaba’s acquittal. Mpisane later reappeared and rose to fame as Durban’s richest metro policeman, courtesy of his wife’s company. Conflict between rival taxi associations also looms large in the history of the Cato Manor unit, which fell under provincial Hawks boss Major General Johan Booysen.
During Cele’s tenure as KwaZulu-Natal safety and security MEC, he and Booysen were both cited in an interdict obtained in October 2008 by the chairperson of the kwaMaphumulo Taxi Association, Bongani Mkhize, preventing the police from killing him.
Mkhize, who was embroiled in a long turf war with another taxi association, was being sought in connection with the murder of Kranskop police commander Zethembe Chonco in August that year. At the time of the interdict, the police, including members of the Cato Manor organised crime unit, had killed seven suspects linked to the Chonco murder in alleged shoot-outs. Despite the interdict, Mkhize was shot dead in February 2009 by a police task team that included members of the Cato Manor unit. Police claimed he fired on them, but a ballistics expert brought in by the family raised serious doubts about their version. This killing also featured in the secret intelligence report leaked by the Mdluli camp in March 2011, just ahead of Mdluli’s arrest for the 1999 love triangle murder.
The report – without advancing evidence – accused Cele of orchestrating the killing of Chonco to cover up his own supposed involvement in taxi violence, which Chonco had “stumbled on”, and then arranging for all those involved in the Chonco murder to meet a similar grisly end. Cele, in turn, is understood to have supported the murder investigation into Mdluli, which was reopened shortly before Cele assumed office in 2009. Both Zuma and Mthethwa have also been drawn into the drama around Booysen and members of the Cato Manor unit.
Police claimed to have evidence that taxi boss Mkhize was involved in planning the murder of chief Mbongeleni Zondi, a relative and ally of Zuma. According to a police intelligence source, Zondi, a former policeman, was targeted by Mkhize because he was suspected of providing the information that led to the killing of Maphumulo taxi association boss Magojela Ndimande and his bodyguard in December 2008. They, too, were gunned down by members of the Cato Manor unit, purportedly while on the trail of Chonco’s killers – and all but one of the four suspects accused of involvement in the Zondi killing are now dead at the hands of the police.
In all cases, the Cato Manor unit is claiming the justifiable use of deadly force, but the high-visibility arrests of its members this week suggest an attempt to break the bonds of solidarity that traditionally exist in such a unit. Even sympathetic sources concede that the unit may have become trigger-happy, particularly in relation to suspects allegedly involved in the killing of policemen. But the high-profile involvement of opposing political figures – notably Mthethwa’s earlier vocal demand for the disbanding of the unit and Cele’s public show of support this week – suggests there is more at stake. Booysen, although not charged, is clearly a target. He was initially threatened with suspension for failing to act on the Cato Manor unit’s alleged abuses, but rebuffed the attempt in court. But Booysen is also key to an investigation that has exposed the involvement of the president’s relatives, notably Zuma’s son Edward and Zuma’s friend Deebo Mzobe. Both men have been accused of attempting to intercede in the investigation of Durban multimillionaire Thoshan Panday, accused of fraud in police accommodation contracts. Both have denied their involvement, but not their links to Panday.
Citizen reporter Paul Kirk, who is known to have good contacts in the Cato Manor unit, reported this week that some of the arrested policemen had been involved in investigations into Edward Zuma and his business partners – and that others had been used in probes targeting Mdluli. Mthethwa has, in particular, been embarrassed by leaks about the use of secret services account money to upgrade security at his KwaZulu-Natal home.
On the other hand, the Hawks component of the investigation into the Cato Manor unit was led by Major General Ntebo Mabula, a policeman known to be a trusted associate of Mdluli. The investigation into the unit was prompted by a front-page story in the Sunday Times – complete with some shocking crime-scene pictures of Cato Manor members and their victims. Both the tip-off for the story and the supply of the pictures appear to have come from senior unnamed crime intelligence officers, although the Sunday Times has denied being manipulated by its sources.
The web of cases linking Cele, Mdluli and Breytenbach appears to have many strands that might pose a risk to Zuma and his allies, should they be fully teased out. That may explain the heavy-handed tactics on display in Durban, where the Cato Manor cops offered to hand themselves over but were arrested and handcuffed in front of their families. This approach is also evident in the Breytenbach case, in which the prosecutor has even been charged with performing work outside of the NPA by renting out a flat and running a horse-stabling business.
It may also explain the apparently endless blocking manoeuvres available to Mdluli to challenge his suspension. Whether the strong-arm tactics succeed may depend on how vulnerable those in the firing line perceive themselves to be — and how vulnerable they think the president is.
Source: Mail & Guardian
Sunday, June 17, 2012
Richard Mdluli has some explaining to do
Suspended crime intellience head Lieutenant-General Richard Mdluli will have to explain why R150 000 of police funds was used to upgrade security at his house when he appears before a disciplinary hearing in July, City Press reported on Sunday.
The 10 charges Mdluli faces were revealed in court papers filed by former acting police chief Nhlanhla Mkhwanazi in the Johannesburg Labour Court this week. The charges against him relate to his alleged abuse of a crime intelligence “slush fund”, that he misled investigations into 250 covert appointments of crime intelligence operatives, and appointed family members and friends to police positions. The charge sheet states that Mdluli allegedly spent R150 209 on security upgrades to his Boksburg home, authorised air travel for his wife and children to the value of R84 199, and spent R46 809 on business class tickets for his wife.
Mdluli remains suspended from the police service, pending various court actions. The Labour Court case in which Mdluli is challenging his suspension is due to be heard this week. Last year, Mdluli faced fraud and corruption charges for the misuse of the fund, and faced a murder charge for the death of his former lover’s husband. The charges led to his initial suspension. This year, all the charges were withdrawn and Mdluli was reinstated in March. This was widely criticised by, among others, the Democratic Alliance and lobby group Freedom Under Law. Police Minister Nathi Mthethwa later moved him to a different division but Mkhwanazi opted to suspend him. The suspension was lifted by the Labour Court on June 1 but subsequently overturned by the same court.
New top cop Mangwashi Phiyega said she will comment on the investigation into Mdluli after she has read the files on him, the paper reported. “I will be dealing with it.”
Phiyega said documents seen in newspapers were “adulterated”. “Now that I’m here, they will show me the real files and maybe when you talk to me 12 months down the line, I will be able to say I did see the real files and what we were seeing wasn’t the real thing,” she told the publication.
Phiyega also commended the Independent Police Investigative Directorate.
“No doctor can doctor herself. It’s critical and important to have the directorate to police us and to regulate us. I really appreciate its existence.”
Source: Mail & Guardian
The 10 charges Mdluli faces were revealed in court papers filed by former acting police chief Nhlanhla Mkhwanazi in the Johannesburg Labour Court this week. The charges against him relate to his alleged abuse of a crime intelligence “slush fund”, that he misled investigations into 250 covert appointments of crime intelligence operatives, and appointed family members and friends to police positions. The charge sheet states that Mdluli allegedly spent R150 209 on security upgrades to his Boksburg home, authorised air travel for his wife and children to the value of R84 199, and spent R46 809 on business class tickets for his wife.
Mdluli remains suspended from the police service, pending various court actions. The Labour Court case in which Mdluli is challenging his suspension is due to be heard this week. Last year, Mdluli faced fraud and corruption charges for the misuse of the fund, and faced a murder charge for the death of his former lover’s husband. The charges led to his initial suspension. This year, all the charges were withdrawn and Mdluli was reinstated in March. This was widely criticised by, among others, the Democratic Alliance and lobby group Freedom Under Law. Police Minister Nathi Mthethwa later moved him to a different division but Mkhwanazi opted to suspend him. The suspension was lifted by the Labour Court on June 1 but subsequently overturned by the same court.
New top cop Mangwashi Phiyega said she will comment on the investigation into Mdluli after she has read the files on him, the paper reported. “I will be dealing with it.”
Phiyega said documents seen in newspapers were “adulterated”. “Now that I’m here, they will show me the real files and maybe when you talk to me 12 months down the line, I will be able to say I did see the real files and what we were seeing wasn’t the real thing,” she told the publication.
Phiyega also commended the Independent Police Investigative Directorate.
“No doctor can doctor herself. It’s critical and important to have the directorate to police us and to regulate us. I really appreciate its existence.”
Source: Mail & Guardian
Friday, June 8, 2012
Mdluli meddling exposed in prosecutor's attack on NPA
Advocate Glynnis Breytenbach has launched a devastating attack on the acting national director of public prosecutions, Nomgcobo Jiba, accusing her of acting with “an ulterior purpose” in suspending her, allegedly to stop the prosecution of crime intelligence supremo Richard Mdluli. Breytenbach’s allegation forms part of a challenge to her suspension lodged a week ago with the Labour Court in Johannesburg.
Breytenbach was suspended by Jiba on April 30 this year, purportedly in relation to a complaint about her conduct in the prosecution of Imperial Crown Trading (ICT), the company accused of fraud and forgery in its battle to secure mineral rights over the giant Sishen iron ore mine. “Her [Jiba’s] real purpose was to stop me from prosecuting a senior police officer, Lieutenant General Richard Mdluli, on charges of fraud and corruption,” said Breytenbach. “She used the ICT complaint against me as an excuse to suspend me.”
The National Prosecuting Authority has denied that the disciplinary steps against Breytenbach have anything to do with the Mdluli matter. Breytenbach’s court papers deliver an indictment of the prosecuting authority’s two key decision-makers in the Mdluli matter – Jiba and advocate Lawrence Mrwebi – both appointees of President Jacob Zuma. Breytenbach’s application signals that judicial and public scrutiny of the Mdluli scandal will expand to the prosecuting authority, notably through allegations of improper decisions by Mrwebi, supported by Jiba, to withdraw charges against Mdluli. It comes in the week North Gauteng High Court Judge Ephraim Makgoba delivered a hammer blow to attempts to politically manage the police side of the Mdluli investigation. Makgoba granted an urgent application by lobby group Freedom Under Law for Mdluli to be interdicted from carrying out any functions as a police officer.
Mdluli will be barred from office pending a full judicial review of the various decisions to abandon corruption and murder charges against him, to terminate internal police disciplinary steps against him and to reinstate him as head of crime intelligence. Now Breytenbach’s application has added fuel to Freedom Under Law’s fire by providing a detailed account of the way in which Mrwebi and Jiba appeared to bend over backwards to protect Mdluli.
The Breytenbach documents reveal that:
The authority will oppose her application, but has yet to file its response.
The two interlinked cases – Freedom Under Law’s high court review and Breytenbach’s labour court challenge – threaten to expose direct political meddling in decisions about Mdluli.
Government may attempt to manage the fallout by appointing a new national commissioner and has already launched a ministerial task team in an apparent attempt to bolster Mdluli’s conspiracy claims, but the Mdluli tsunami seems unstoppable.
Source: Mail & Guardian
Breytenbach was suspended by Jiba on April 30 this year, purportedly in relation to a complaint about her conduct in the prosecution of Imperial Crown Trading (ICT), the company accused of fraud and forgery in its battle to secure mineral rights over the giant Sishen iron ore mine. “Her [Jiba’s] real purpose was to stop me from prosecuting a senior police officer, Lieutenant General Richard Mdluli, on charges of fraud and corruption,” said Breytenbach. “She used the ICT complaint against me as an excuse to suspend me.”
The National Prosecuting Authority has denied that the disciplinary steps against Breytenbach have anything to do with the Mdluli matter. Breytenbach’s court papers deliver an indictment of the prosecuting authority’s two key decision-makers in the Mdluli matter – Jiba and advocate Lawrence Mrwebi – both appointees of President Jacob Zuma. Breytenbach’s application signals that judicial and public scrutiny of the Mdluli scandal will expand to the prosecuting authority, notably through allegations of improper decisions by Mrwebi, supported by Jiba, to withdraw charges against Mdluli. It comes in the week North Gauteng High Court Judge Ephraim Makgoba delivered a hammer blow to attempts to politically manage the police side of the Mdluli investigation. Makgoba granted an urgent application by lobby group Freedom Under Law for Mdluli to be interdicted from carrying out any functions as a police officer.
Mdluli will be barred from office pending a full judicial review of the various decisions to abandon corruption and murder charges against him, to terminate internal police disciplinary steps against him and to reinstate him as head of crime intelligence. Now Breytenbach’s application has added fuel to Freedom Under Law’s fire by providing a detailed account of the way in which Mrwebi and Jiba appeared to bend over backwards to protect Mdluli.
The Breytenbach documents reveal that:
- The stated basis for Breytenbach’s suspension was that she had “abused her authority” in the ICT case. It was based on a complaint laid by ICT lawyer Ronnie Mendelow in a letter dated October 31 2011, but she was suspended only six months later, after she had come into critical conflict with Mrwebi and Jiba over the Mdluli prosecution.
- Mdluli’s attorneys delivered representations by hand to Mrwebi in his capacity as national head of the Specialised Commercial Crimes Unit on November 17 2011, although he had not yet been appointed to that post and was officially appointed only on November 25. Mrwebi forwarded the representations to Breytenbach on November 21, requesting a full report by the 25th.
- The representations were based largely on what Breytenbach dismisses as “wild and unsubstantiated allegations” of a conspiracy by the Hawks and police management to falsely implicate Mdluli in the 1999 murder of his former lover’s husband and subsequently to nail him for taking a personal benefit from cars purchased by the crime intelligence secret fund. The latter formed the basis of the corruption case Breytenbach intended to prosecute.
- Much of the evidence for this “conspiracy” is drawn from affidavits by three crime intelligence agents and Mdluli himself. They repeat what Colonel Ronnie Naidoo of crime intelligence told them at a meeting with Mdluli at the Emperors Palace casino on October 27 2011, while Mdluli was ostensibly suspended.
- Naidoo reported to Mdluli that Hawks boss General Anwa Dramat and senior generals Mzwandile Petros and Godfrey Lebeya had begged national commissioner Bheki Cele to dismiss Mdluli before Cele himself was suspended.
- It appears these same affidavits were attached to Mdluli’s November 3 letter to Zuma, in which he made the same conspiracy allegations.
- In overturning Breytenbach’s decision to prosecute Mdluli, Mrwebi claimed to have “consulted with” the North Gauteng director of public prosecutions, advocate Sibongile Mzinyathi, as required by law, but this has been denied.
- Breytenbach alleged: “I later understood from advocate Mzinyathi that advocate Mrwebi had merely mentioned to him that he was considering the charges against General Mdluli and did not consult him on their withdrawal.”
- The sole reason Mrwebi advanced for his decision was that, in his view, the investigation of the corruption charges against Mdluli was the exclusive preserve of the inspector general of intelligence (IGI), an argument not contained in the representations from Mdluli’s lawyers.
- Breytenbach noted: “My understanding all along was that, contrary to advocate Mrwebi’s assertion, the IGI did not regard it as her function to undertake any criminal investigations. She confirmed as much in a letter to the acting national commissioner dated March 19.”
- In that letter, the inspector general stated: “The mandate of criminal investigations rests solely with the police. As such, 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.”
- When Breytenbach conveyed the inspector general’s letter to Mrwebi, his response was to demand to know why his confidential memorandum on the withdrawal of charges had been disclosed to the inspector general.
- In an extraordinary outburst, Mrwebi wrote back to Breytenbach: “The view of the IGI, following your solicitation of her opinion on the NPA decision on the matter, based on a document which the police or anybody else was not even legally entitled to possess, is for your consumption and does not affect the decision … That decision stands and this matter is closed.” Breytenbach commented: “This response ... was, with the greatest of respect, wholly irrational.”
- When Breytenbach and a colleague prepared a detailed appeal to Jiba to reconsider Mrwebi’s decision, it appears Jiba was content to let Mrwebi respond. That response makes it clear Mrwebi’s real reason was his acceptance of Mdluli’s conspiracy claims, relying on additional secret evidence.
- Mrwebi wrote: “Having been provided with further information on the matter and having been privy to other classified, confidential and high-level discussions with police management, I am concerned that our actions in the matter may be interpreted, justifiably, as amounting to serious abuse of the legal process and as being motivated by ulterior purposes. It is my considered view that it will therefore not be in the interests of justice for the NPA to be further involved in this matter.”
- Concluding that her suspension is unlawful, Breytenbach stated: “I submit that the ineluctable inference from the history of my suspension … is that its purpose is to remove me from office and so prevent me from proceeding with the prosecution of General Mdluli.”
The authority will oppose her application, but has yet to file its response.
The two interlinked cases – Freedom Under Law’s high court review and Breytenbach’s labour court challenge – threaten to expose direct political meddling in decisions about Mdluli.
Government may attempt to manage the fallout by appointing a new national commissioner and has already launched a ministerial task team in an apparent attempt to bolster Mdluli’s conspiracy claims, but the Mdluli tsunami seems unstoppable.
Source: Mail & Guardian
Thursday, June 7, 2012
The judgement on Mdluli underscores the importance of civic activism
Judge Ephraim Makgoba’s decision to interdict Lt General Richard Mdluli from his policing duties is a landmark victory for civil society activism and free press.
Corruption Watch (CW) and the Social Justice Coalition (SJC) welcomed Judge Makgoba’s granting of the urgent relief sought by Freedom Under Law (FUL) in the first part of its application to the North Gauteng High Court. The second part of the application will be heard separately on a date provided by the Judge President and will deal with, amongst other issues, the reasons why disciplinary proceedings were withdrawn and why Lt General Mdluli was reinstated as Head of Crime Intelligence.
It is on these issues that CW and SJC have filed a joint application for leave to intervene as co-applicants. In addition to the grounds raised by FUL, CW and the SJC have asked the Court to review and set aside decisions of the NPA to halt the prosecution of Lt General Mdluli for his alleged involvement in murder and corruption.
SJC’s Zackie Achmat said today’s judgement was a “victory for free press particularly investigative journalism, the independent judiciary … it affirms the importance of active citizenship, civil society and social movement activism.” The two civil society organizations were congratulatory of the achievements of FUL’s legal team and Judge Magkoba’s firm stance on the matter. “We are particularly encouraged at the firmness and clarity of the court’s reasoning. The judge made it clear that the SAPS is no ordinary institution, this is no ordinary matter, and Mdluli is no ordinary employee. This matter deserves urgent attention,” said Corruption Watch’s David Lewis
Giving reasons for his decision and referring to allegations leveled against Lt Gen Mdluli, Judge Makgoba pointed out that murder, defeating the ends of justice, fraud and money laundering were serious criminal acts which go to the fabric of public order and security.
“In my view this matter is of considerable public importance [and] the sooner this saga is brought to an end the sooner the credibility of the police, security service and the justice system as a whole can be restored,” said Judge Makgoba.
Source: Corruption Watch
Corruption Watch (CW) and the Social Justice Coalition (SJC) welcomed Judge Makgoba’s granting of the urgent relief sought by Freedom Under Law (FUL) in the first part of its application to the North Gauteng High Court. The second part of the application will be heard separately on a date provided by the Judge President and will deal with, amongst other issues, the reasons why disciplinary proceedings were withdrawn and why Lt General Mdluli was reinstated as Head of Crime Intelligence.
It is on these issues that CW and SJC have filed a joint application for leave to intervene as co-applicants. In addition to the grounds raised by FUL, CW and the SJC have asked the Court to review and set aside decisions of the NPA to halt the prosecution of Lt General Mdluli for his alleged involvement in murder and corruption.
SJC’s Zackie Achmat said today’s judgement was a “victory for free press particularly investigative journalism, the independent judiciary … it affirms the importance of active citizenship, civil society and social movement activism.” The two civil society organizations were congratulatory of the achievements of FUL’s legal team and Judge Magkoba’s firm stance on the matter. “We are particularly encouraged at the firmness and clarity of the court’s reasoning. The judge made it clear that the SAPS is no ordinary institution, this is no ordinary matter, and Mdluli is no ordinary employee. This matter deserves urgent attention,” said Corruption Watch’s David Lewis
Giving reasons for his decision and referring to allegations leveled against Lt Gen Mdluli, Judge Makgoba pointed out that murder, defeating the ends of justice, fraud and money laundering were serious criminal acts which go to the fabric of public order and security.
“In my view this matter is of considerable public importance [and] the sooner this saga is brought to an end the sooner the credibility of the police, security service and the justice system as a whole can be restored,” said Judge Makgoba.
Source: Corruption Watch
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
Thursday, May 31, 2012
In South Africa the Rule of Law Does not Apply to the Political Elite
There is little disagreement that corruption is a serious problem facing South Africa. Unfortunately, various indicators suggest that the problem is getting worse. The annual Transparency Corruptions Perceptions Index is a useful measure of whether corruption is getting better or worse in 182 countries worldwide. Ten points indicate the absence of perceptions of corruption, while 0 means that the country is entirely corrupt. On this scale, in 2011 New Zealand scored closest to ten with a score of 9,5, while Somalia was rated as the most corrupt country in the world with a score of 1. The 2011 index reveals that South Africa registered its lowest score to date of 4,1 points when compared with our highest rating of 5,1 in 2007. Worryingly, we have dropped from 54th place in 2010 to 64th place in 2012 on the world rankings. The surveys from Afrobarometer – a public opinion survey focusing on Africa – have also shown that South Africans are increasingly concerned about corruption. While in 2008, 15% of adults thought that corruption was ‘an important national issue’, by 2011 this had increased to 29%.
In October 2011, the head of the Special Investigating Unit (SIU), Willie Hofmeyr, told the National Assembly Portfolio Committee on Justice and Constitutional Development that corruption involving government procurement was costing South Africa as much as R30 billion each year. To place this in perspective, this amount of money could increase the annual budget of the Department of Basic Education by 20%, the Department of Health by 25% or the entire criminal justice system by 30%. In short, if taxpayers’ money were not being stolen by, or with the connivance of, corrupt government officials and politicians, all South Africans could benefit from substantially more schools, hospitals and police stations staffed with better-paid doctors, teachers and police officers.
It is then fortunate that, officially at least, the government has identified corruption as a serious challenge and has set itself the objective of reducing corruption so as to ‘boost investor trust and willingness to invest in the country’. Towards this end it set the goal of prosecuting and convicting a hundred individuals that are suspected to have corruptly acquired assets worth more than R5 million by 2014. To achieve this the government has established the Anti-Corruption Task Team to coordinate the activities of various investigation agencies and the National Prosecution Authority (NPA). Although Hofmeyr pointed out earlier this year that at least 26 individuals meeting the government’s targeted profile are before the courts on corruption charges, its overall target is too ambitious given the handful of successful convictions achieved in the past few years.
The question is, why is the problem of corruption so large and damaging to South Africa if there is an official government policy to reduce it? The answer lies in examining the extent to which there is political will to take appropriate action against the most politically powerful and connected people.
When an ordinary citizen is alleged to have committed a crime such as corruption, the South African Police Service (SAPS) will identify that person as a suspect in a criminal matter. The SAPS will then use its legally provided investigative powers and resources to gather any evidence that will allow the suspect to be criminally charged and brought before a court. The suspect is given various rights and is entitled to having lawyers test the evidence so as to ensure that it is indeed correct and that the he/she is not being falsely accused. If the evidence is found wanting suspects will be acquitted and if not, may find themselves convicted and sent to prison.
It is the unfortunate reality that politically connected individuals are being protected from criminal justice processes. When Police Commissioner General Bheki Cele was found by the Public Protector to have engaged in conduct that was ‘improper, unlawful and amounted to maladministration’, he was not subjected to a criminal investigation. Rather, his friend and the person who appointed him to his post, President Jacob Zuma, appointed a board of inquiry to look into allegations of corruption and wrongdoing. However, unlike a police investigation, the board of inquiry could not subpoena witnesses, or access cellphone records and bank statements, as was the case in the investigation against convicted ex-SAPS Commissioner Jackie Selebi. The inquiry had no investigative powers and therefore could only consider evidence provided to it by willing parties. The recently leaked inquiry report therefore raised more questions than answers and apparently recommended that a full criminal investigation be undertaken into the matter. If Zuma implements this recommendation, it will be the first example of a senior politically connected person at a national level being subject to such an investigation under his administration.
Disturbing allegations emerged as a result of various investigations by the Directorate for Priority Crimes Investigations Unit (also known as the Hawks), that the Head of SAPS Crime Intelligence, Lieutenant-General Richard Mdluli, and his close colleagues were implicated in a range of crimes including murder, rape, kidnapping, intimidation and wide-scale corruption. It is alleged that the Minister of Police halted all investigations into Mdluli and ordered that he be reinstated. Mdluli was irregularly appointed to his position after a cabinet ministers’ meeting two months after Zuma was sworn in as the President of South Africa. It has been alleged that this was because of Mdluli’s willingness to use his position to support Zuma to stay in power. Indeed, Mdluli has written letters to Zuma that state as much.
That the current acting SAPS National Commissioner Nhlanhla Sibusiso Mkhwanazi has recently re-suspended Mdluli is seen by many as a bold move to reject political interference in police matters, a move that could cost him his position. Current criminal investigations into Mdluli by the Hawks appear to have been taken despite political interference.
More recently we have read of allegations that the Minister of Police, Nathi Mthethwa, irregularly benefited from the Secret Service Account of the SAPS Crime Intelligence Division when R195 581.40 was used for renovations to his private residence. If this allegation is true, it may amount to unlawful conduct as the funds in this account consist of taxpayers’ money to be used for crime intelligence work only. The Minister of Police has denied that he benefited from the Secret Service Account and stated that he had asked the Auditor-General (AG) to investigate. As is the case with the board of inquiry into Cele, the AG does not undertake its work with the intention of gathering evidence to support or refute allegations of misconduct or criminality. Therefore the Minister is safe in the knowledge that he will not automatically be facing any criminal sanction from the AG’s investigation into the allegations against him. All the AG will be able to find with regards to wrongdoing is that money was misspent and recommend that further investigations be undertaken – a recommendation that could be ignored by the Minister, to whom the AG will report on this matter.
If politically connected individuals cannot be held accountable for criminal activity through the criminal justice system, there is little incentive for them to stop engaging in corruption and the problem will continue to worsen. Unfortunately, this appears to be happening as there is no political will to subject politically connected people at the highest levels of government to the criminal justice system when there are allegations of wrongdoing. So no matter how many ordinary people the government throws in jail, our country will continue to suffer the negative effects of corruption of state resources being used to benefit a handful of individuals.
Source: ISS
In October 2011, the head of the Special Investigating Unit (SIU), Willie Hofmeyr, told the National Assembly Portfolio Committee on Justice and Constitutional Development that corruption involving government procurement was costing South Africa as much as R30 billion each year. To place this in perspective, this amount of money could increase the annual budget of the Department of Basic Education by 20%, the Department of Health by 25% or the entire criminal justice system by 30%. In short, if taxpayers’ money were not being stolen by, or with the connivance of, corrupt government officials and politicians, all South Africans could benefit from substantially more schools, hospitals and police stations staffed with better-paid doctors, teachers and police officers.
It is then fortunate that, officially at least, the government has identified corruption as a serious challenge and has set itself the objective of reducing corruption so as to ‘boost investor trust and willingness to invest in the country’. Towards this end it set the goal of prosecuting and convicting a hundred individuals that are suspected to have corruptly acquired assets worth more than R5 million by 2014. To achieve this the government has established the Anti-Corruption Task Team to coordinate the activities of various investigation agencies and the National Prosecution Authority (NPA). Although Hofmeyr pointed out earlier this year that at least 26 individuals meeting the government’s targeted profile are before the courts on corruption charges, its overall target is too ambitious given the handful of successful convictions achieved in the past few years.
The question is, why is the problem of corruption so large and damaging to South Africa if there is an official government policy to reduce it? The answer lies in examining the extent to which there is political will to take appropriate action against the most politically powerful and connected people.
When an ordinary citizen is alleged to have committed a crime such as corruption, the South African Police Service (SAPS) will identify that person as a suspect in a criminal matter. The SAPS will then use its legally provided investigative powers and resources to gather any evidence that will allow the suspect to be criminally charged and brought before a court. The suspect is given various rights and is entitled to having lawyers test the evidence so as to ensure that it is indeed correct and that the he/she is not being falsely accused. If the evidence is found wanting suspects will be acquitted and if not, may find themselves convicted and sent to prison.
It is the unfortunate reality that politically connected individuals are being protected from criminal justice processes. When Police Commissioner General Bheki Cele was found by the Public Protector to have engaged in conduct that was ‘improper, unlawful and amounted to maladministration’, he was not subjected to a criminal investigation. Rather, his friend and the person who appointed him to his post, President Jacob Zuma, appointed a board of inquiry to look into allegations of corruption and wrongdoing. However, unlike a police investigation, the board of inquiry could not subpoena witnesses, or access cellphone records and bank statements, as was the case in the investigation against convicted ex-SAPS Commissioner Jackie Selebi. The inquiry had no investigative powers and therefore could only consider evidence provided to it by willing parties. The recently leaked inquiry report therefore raised more questions than answers and apparently recommended that a full criminal investigation be undertaken into the matter. If Zuma implements this recommendation, it will be the first example of a senior politically connected person at a national level being subject to such an investigation under his administration.
Disturbing allegations emerged as a result of various investigations by the Directorate for Priority Crimes Investigations Unit (also known as the Hawks), that the Head of SAPS Crime Intelligence, Lieutenant-General Richard Mdluli, and his close colleagues were implicated in a range of crimes including murder, rape, kidnapping, intimidation and wide-scale corruption. It is alleged that the Minister of Police halted all investigations into Mdluli and ordered that he be reinstated. Mdluli was irregularly appointed to his position after a cabinet ministers’ meeting two months after Zuma was sworn in as the President of South Africa. It has been alleged that this was because of Mdluli’s willingness to use his position to support Zuma to stay in power. Indeed, Mdluli has written letters to Zuma that state as much.
That the current acting SAPS National Commissioner Nhlanhla Sibusiso Mkhwanazi has recently re-suspended Mdluli is seen by many as a bold move to reject political interference in police matters, a move that could cost him his position. Current criminal investigations into Mdluli by the Hawks appear to have been taken despite political interference.
More recently we have read of allegations that the Minister of Police, Nathi Mthethwa, irregularly benefited from the Secret Service Account of the SAPS Crime Intelligence Division when R195 581.40 was used for renovations to his private residence. If this allegation is true, it may amount to unlawful conduct as the funds in this account consist of taxpayers’ money to be used for crime intelligence work only. The Minister of Police has denied that he benefited from the Secret Service Account and stated that he had asked the Auditor-General (AG) to investigate. As is the case with the board of inquiry into Cele, the AG does not undertake its work with the intention of gathering evidence to support or refute allegations of misconduct or criminality. Therefore the Minister is safe in the knowledge that he will not automatically be facing any criminal sanction from the AG’s investigation into the allegations against him. All the AG will be able to find with regards to wrongdoing is that money was misspent and recommend that further investigations be undertaken – a recommendation that could be ignored by the Minister, to whom the AG will report on this matter.
If politically connected individuals cannot be held accountable for criminal activity through the criminal justice system, there is little incentive for them to stop engaging in corruption and the problem will continue to worsen. Unfortunately, this appears to be happening as there is no political will to subject politically connected people at the highest levels of government to the criminal justice system when there are allegations of wrongdoing. So no matter how many ordinary people the government throws in jail, our country will continue to suffer the negative effects of corruption of state resources being used to benefit a handful of individuals.
Source: ISS
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