Tag Archives: SA police corruption

South Africa – body investigating police has more “dubious” financial information on top cop Phahlane

News24

2017-04-21 09:27

Khomotso Phahlane (File)

Khomotso Phahlane (File)

Johannesburg – The Independent Police Investigative Directorate (IPID) filed responding papers yesterday against acting police commissioner Lieutenant General Khomotso Phahlane revealing shocking new information on alleged “dubious transactions” in the purchasing of his house and vehicles.

Last month, Phahlane took IPID head Robert McBride, forensic investigator Paul O’Sullivan, his assistant attorney Sarah Jane Trent and Magistrate JR Tsatsi to court.

He requested that a search and seizure warrant which was used to remove an R80 000 sound system from his house be set aside and that O’Sullivan and Trent be interdicted from taking part in the investigation against him.

Yesterday IPID investigator Mandlakayise Mahlangu responded, opposing Phahlane’s application.

“The investigation into the applicant has been independent and objective,” Mahlangu stated.

Mahlangu said the relief which Phahlane seeks is academic as he does not seek the return of the goods seized – the sound system. He also said that under the IPID Act, the directorate may appoint any fit and proper person as an investigator and Phahlane was not entitled to a blanket embargo being imposed against O’Sullivan.

Cash payments

The investigator described how the case came in, in February 2016 when O’Sullivan registered a case against Phahlane of alleged corruption, money laundering and/or racketeering. O’Sullivan alleged that Phahlane condoned tender rigging with a businessman who grossly oversupplied chemicals to the SAPS, causing a loss of R50m of public funds.

“Lives were put at risk and crime scene investigations were compromised by the use of out of date chemicals and wrong equipment being supplied,” O’Sullivan said.

Mahlangu said O’Sullivan and Trent were asked to help identify witnesses and this was why they first accompanied him to see the estate manager at the Sable Hills Waterfront Estate, where Phahlane lives.

One witness, the builder of the house, told them that the bulk of his payments were made in cash by either Phahlane or his protector Alwyn du Preez in plastic bags from the boot of Phahlane’s car. Phahlane had paid him R710 000 in cash he said.

The subcontractors were also allegedly paid in cash from the boot of a black BMW as follows:

– The builder received approximately seven cash payments of R14 000 each, an extra R20 000 in cash to build a wall and R11 000 in cash for the stairs, swimming pool and bathroom wall, which all amounted to R129 000;
– The plasterer was paid R170 000 in cash payments that occurred on a fortnightly basis;
– The electrician was also paid an amount of R10 000 on four or five occasions, amounting to approximately R50 000 cash;
– The plumber was also paid in cash in amounts that totalled R30 000;
– The tiler was paid between R5 000 and R10 000 seven or eight times in cash.

Mahlangu then said they made contact with a witness who told them there were two invoices for the buying of electronic equipment. The first invoice totalled R126 900 and was paid in cash, while the second invoice was R80 075 which had been paid by EFT.

The beneficiary listed was a company called Kriminalistik.

Equipment, including a 55-inch Toshiba flat screen TV, two or three Samsung flat screen TVs and one Jamo home theatre system were delivered to Phahlane’s house from the second purchase.

At this point Mahlangu said he, his family, McBride and O’Sullivan all received death threats through text messages which they linked to a member of the SAPS at OR Tambo International Airport. The sender referred to himself as a cousin of someone IPID was investigating, he said.

It was these threats and interference in the investigation that led to a charge of defeating the ends of justice and McBride requesting that then-police minister Nathi Nhleko should ask the president to place Phahlane on leave, pending the results of the investigation.

‘Contact with witnesses’

“There is a high probability of Phahlane using his office and his authority to undermine the investigation. This is also clear from the fact that he has made contact with three witnesses and two of them have since deposed to affidavits pertaining to the investigation and the interviews held with them,” Mahlangu said.

Phahlane also allegedly accessed a court file containing an application for the subpoena of certain witnesses and information pertaining to a list of intended witnesses, the affidavit said.

This is also likely to compromise the investigation as key witnesses could be intimidated, Mahlangu said.

Phahlane also established his own task team under the pretence of investigating an alleged security breach, the affidavit said. The task team is led by a General Mabula, who is currently being investigated for the possible charges of torture and murder.

This task team has questioned IPID witnesses, arrested O’Sullivan and Trent, sought to obtain all the information on Trent’s cellphone without a warrant and launched an investigation against the employment of the data analyst by IPID in the case.

The affidavit then went into further details of IPID’s case against Phahlane. It revealed allegations that:

Vehicles:

– Phahlane bought a Land Rover Discovery V6 in 2011 for R765 995, which he sold in 2014 to a car dealership in Pretoria for R650 000, but the trade-in value for the vehicle at that time was R557 500. The dealership paid R92 500 above the trade-in value. The car was then sold for R547 500, meaning the dealership made a loss of R106 632.
– A Mercedes Benz C250 Elegance Automatic was bought by Phahlane’s wife in 2012 for R482 500. The car was sold to the same dealership in January 2015. The sale of the vehicle was valued at R318 900, according to the dealership’s stock card. However, their bank statement for the period, with a reference to Phahlane, said a total amount of R549 999 was paid. This purchase price was R241 099 above the trade-in value.
– The proceeds of the sale for the Mercedes Benz were used to purchase a second Mercedes Benz, a new E250 CDI for R765 000, R350 000 of which Phahlane transferred to his wife’s account.
– In 2013, Phahlane purchased a 2013 Nissan Navara for R322 927 which was financed by Nedbank. This was sold to the same dealership for R495 000 in April 2015. The book value at the time was R308 000, a R187 000 difference.
– In April 2015, Phahlane bought a VW Amarok which the same dealership credited to another dealership for R362 963 and later R132 000.
“The effect of the sale of the Nissan Navara to the dealership led to Phahlane receiving an undue benefit of approximately R187 000,” Mahlangu said.
– In December 2015, a Toyota Hilux 4×4 single cab bakkie was purchased for R377 360.
– In February 2016, a VW Polo was registered in the name of Phahlane’s wife for R230 681 and was picked up by an employee of the same dealership.

This employee said that the Toyota Hilux and the Polo were given to Phahlane as a sponsorship, but Mahlangu said that the sponsorship wasn’t pointed out by Phahlane in his founding affidavit or in his official disclosures.

ALSO READ: DA calls for Phahlane suspension again

The investigation into the Sable Hills house allegedly revealed:

– Phahlane acquired the land in April 2010 for R850 000, with a cash deposit of R250 000, and he obtained a bond of R595 000.
– His bank statements show the proceeds from the sale of his last home totalled R513 994, which was paid into his account in September 2010. It is unknown where the R255 000 deposit came from, Mahlangu said.
– In 2010/11, Phahlane paid R157 000 into his bond account when he was only required to pay R47 000.
– In 2011/2012, he paid R143 000 into the bond account when he was only required to pay R36 000.
– During this period he built the house and the only visible payment into the bond account was R200 000.
– In 2013/2014, Phahlane’s bond repayments, pursuant to an increase in the bond amount was R128 000. He paid R369 000.
– In 2014/2015 he was required to pay R111 000, but paid R402 000.
– In 2015/2016, Phahlane was required to pay R73 000 and he paid R330 000.
– Between March and December 2016, Phahlane was required to make payments amounting to R51 000 and he paid R244 000.

These payments, Mahlangu said, need to be considered with all the cash payments he made to contractors.

“The aforementioned information reveals dubious transactions in Phahlane’s financial affairs. The investigation reveals that Phahlane and his wife were able to make additional payments of approximately R2m into their bond account in the last five years.”

Mahlangu said that Phahlane acquired a bond of R2.2m, but he allegedly never used this money towards the cost of building the house.

“He only accessed R1.1m between March and July 2012 after the house was almost finished and this was used for finishes and trimmings,” the investigator said.

Phahlane’s lawyer Piet du Plessis, on Radio 702 on Friday morning, denied all the allegations against his client.

South Africa – acting police commissioner facing charges

Mail and Guardian

Acting police commissioner Phahlane faces IPID charges

Acting police commissioner General Khomotso Phahlane. (Gallo)
Acting police commissioner General Khomotso Phahlane. (Gallo)

The Independent Police Investigative Directorate (Ipid) is set to charge acting police commissioner General Khomotso Phahlane with defeating the ends of justice. The charges relate to Phahlane allegedly contacting witnesses the Ipid had interviewed for an investigation they were conducting into Phahlane’s R8-million home in an exclusive estate north of Pretoria.

News24 broke the story on Wednesday, reporting that the Ipid began the investigation into Phahlane’s property after suspicions arose that a career policeman could afford to spend millions building a house. Phahlane will reportedly issue a warning statement on Wednesday following a summons sent to him by the Ipid.

The house was reportedly built in Sable Hills Waterfront Estate, north of Pretoria in 2011 and 2012. Sources told News24 that Phalane began contacting witnesses in the Ipid investigation after he became aware of the investigation into his house.

The police watchdog is also investigating allegations that Phalane stuffed a total of R700 000 in cash into plastic bags to make payments to a contractor. Forensic investigator Paul ‘O Sullivan opened a case in January 2016, raising red flags that the bond Phahlane had registered was lower than the value of the house.

“Phahlane, I wanted to ask you, where the money came from to build this mansion in Sable Hills Waterfront Estate? I’ve got a copy of the title deeds, and bond details. As I see it, you had spare cash of between R3m and R5m. Did you win the lottery?” News24 quotes an email O’Sullivan wrote to senior police officials.

Phalhane’s spokesperson told News24 that the police commissioner’s office welcomes the Ipid investigation.

“The Acting National Commissioner welcomes any investigation on any allegations and matter against him conducted within the confines of the law to enable the testing of any such allegations. It is unfortunate that such investigations and/ or allegations if any are conducted through the media with the sole aim of causing harm and damage to the reputation and integrity of the Acting National Commissioner,” Selepe said.

Ra'eesa Pather

Ra’eesa Pather

Ra’eesa Pather is a general news journalist with the Mail & Guardian’s online team. She cut her teeth at The Daily Vox in Cape Town before moving to Johannesburg and joining the M&G. She’s written about memory, race and gender in columns and features, and has dabbled in photography. Read more from Ra’eesa Pather

South Africa – court overrules suspension of KZN Hawks’ boss

Mail and Guardian

The high court has said there is insufficient evidence against fraud-accused Johan Booysen and barred the Hawks from suspending him again.

Judge Anton van Zyl ordered that national Hawks head Berning Ntlemeza be barred from suspending Booysen again pending the outcome of the current disciplinary process. (Tebogo Letsie)

The suspension of KwaZulu-Natal hawks boss Johan Booysen has been overturned in the Durban high court.

In overturning the suspension on Wednesday, Judge Anton van Zyl ruled that national Hawks boss Berning Ntlemeza did not have a case against Booysen, whom he has accused of committing fraud.

“There is not even prima facie evidence that such fraud had been committed or, if it had, that the applicant is implicated therein,” said Van Zyl.

Not only did the judge say there was insufficient evidence to back up the allegations, he also ordered that Ntlemeza be barred from suspending Booysen again pending the outcome of the current disciplinary process.

Van Zyl ordered Ntlemeza – in his capacity as the national head of the Directorate for Priority Crime Investigation, commonly known as the Hawks – to pay Booysen’s legal expenses.

Ntlemeza suspended Booysen on September 14, shortly after he was appointed national head of the Hawks.

Booysen was suspended amid allegations of fraud amounting to R15 384.62, an allegation he has denied.

Ntlemeza’s legal team had argued that the court was not the proper forum to hear an application against the suspension, but Van Zyl ruled that the court was entitled to hear it.

Ntlemeza, in his submissions to court, claimed that Booysen and the men tasked with investigating a police officer’s assassination fraudulently received a monetary reward for shooting dead six innocent men.

Ntlemeza said further that while the award was for tracking down the men who assassinated superintendent Zethembe Chonco in August 2008, the case numbers used to secure the award were for unrelated cases of housebreaking and motor vehicle theft in Howick.

Booysen was accused of supplying false case numbers in a bid to obtain the award.

But Booysen denied authoring the document that resulted in he and his men receiving the award for tracking down and killing Chonco’s killers. He denied that he had anything to do with the granting of the award.

In his ruling, Van Zyl questioned why Ntlemeza had chosen to ignore Booysen’s representation and evidence.

The judge said Ntlemeza could not simply suspend a person and that there had to be “a rational basis” for a suspension.

He said Ntlemeza not only got the amount of the award wrong, but the evidence also showed clearly that Booysen played no role in the awarding of the R10 000 award.

“There is not a shred of evidence that the applicant [Booysen] was in any way involved in formulating its content and the respondent’s [Ntlemeza] conclusion to the contrary is at best, entirely speculative,” said Van Zyl.

The judge said it was striking that Ntlemeza had opted to implement disciplinary proceedings despite a lack of information to back up his allegations against Booysen.

“The conduct of the respondent [Ntlemeza] nevertheless deserves censure and as a mark of the court’s disapproval, I consider the costs on a scale as between attorney and client would be justified,” said Van Zyl. – ANA

South African police violence – cops shoot Tshwane vegetable seller

ENCA
TSHWANE – A vegetable vendor was shot dead in Pretoria central for refusing to hand over his stock to Tshwane metro police, the Tshwane Traders’ Forum alleged on Thursday.

Its chairman Shoes Maloka said Foster Jan Rivombo was shot on Wednesday by a metro police officer who wanted to confiscate his stock of apples and bananas.

Tshwane metro police spokesman Senior Superintendent Isaac Mahamba referred questions to mayoral spokesman Blessing Manale, who could not be reached for comment on Thursday.

The French news agency Agence France-Presse reported that the SA Police Service was investigating.

There was an argument between hawkers and the [metro] police officers. One of the policemen drew a gun and shot him because they wanted to take the bananas.

to our newsletters
“The hawkers started to throw stones on the metro police, so then they fired some shots,” Captain Agnes Huma was quoted as saying.

She reportedly said the man who was shot was in his early 30s and died after being taken to hospital.

Maloka said Rivombo was shot at point blank range.

“There was an argument between hawkers and the [metro] police officers. One of the policemen drew a gun and shot him because they wanted to take the bananas.” he said.

“After shooting him, they put him inside a bakkie and did not call an ambulance for about three hours.

“Some hawkers intervened, demanding that an ambulance be called. The police arrested the hawkers who intervened. They are in detention as we speak,” said Maloka.

He said the forum’s leaders spent Thursday trying in vain to get their members released.

The vendors threatened to strike if their members were not set free.

“The worst part is that the officer who shot Rivombo is still roaming around the streets with his service gun. He is still on duty and nothing has happened to him. We have seen him today,” said Maloka.

“We have been seeking engagements with the city’s political leadership, but we are told they are in Mpumalanga for the ANC rallies.

“We have sought to speak to anyone who can help us but without success. Several hawkers in the city centre said they saw the shooting and were traumatised.

Nicky Mabasa, who sells cellphone accessories along Paul Kruger Street, said he feared for his life.

“The Tshwane metro treats us as if we are selling dagga or something like that. They shot him up there, in a public place. The metro police run this city like a mafia. We are at their mercy,” he said.

“They come daily and demand bribes, if we refuse to pay they take our stock. We don’t know where it ends. We have families to feed and if many of these fellow traders were not selling, maybe they would be thieves.” Mernad Mthakane said metro police often demanded bribes from the hawkers. He said apart from selling on street corners, the vendors also had to play a daily hide and seek game with the police.

“You see how dirty this city has become. They don’t concentrate on giving service to residents, but focus on chasing the poor out of the city.

“Serious criminals roam freely in the city while cops are chasing us daily,” said Mthakane.

-Sapa ENCA.com

South Africa – cabinet recommends McBride to head police watchdog

City Press

Right man?: Former Ekurhuleni metro police chief Robert McBride has been recommended as the head of the Independent Police Investigative Directorate (Ipid). Click on the pic to read full story. Picture: Khaya Ngwenya/City Press

Right man?: Former Ekurhuleni metro police chief Robert McBride has been recommended as the head of the Independent Police Investigative Directorate (Ipid). Click on the pic to read full story. Picture: Khaya Ngwenya/City Press

Police Minister Nathi Mthethwa says Cabinet recommended the appointment of Robert McBride as the head of the Independent Police Investigative Directorate (Ipid) at its meeting last Wednesday.

In Parliamentary notice papers published this morning, Mthethwa recommended that the police portfolio committee consider McBride’s nomination to lead the police watchdog.

“The process of appointing a permanent head was carried through advertising the position via media platforms and various public service circulars.

“Mr McBride was the successful candidate following the short-listing [and] interviewing processes as well as Cabinet’s endorsement. However, in line with the Ipid Act, the appointment can only be finalised once Parliament has concurred,” said Mthethwa’s spokesperson, Zweli Mnisi, in a statement.

Mthethwa said he believed that the appointment of the controversial former Ekurhuleni metro police head will help Ipid fulfil its mandate.

McBride has a qualification in international politics, policing and diplomacy.  city press

South Africa – Cop vs cop: Infighting vs crime fighting

Mail and Guardian

Law enforcement is a mess of tit-for-tat actions and allegations as leaders battle each other instead of the criminals.

National police commissioner Riah Phiyega (right) is under investigation after she allegedly tipped off Cape police boss Arno Lamoer about probes against him.
National police commissioner Riah Phiyega (right) is under investigation after she allegedly tipped off Cape police boss Arno Lamoer about probes against him.

           

Allegations that national police commissioner Riah Phiyega tipped off Western Cape police boss Arno Lamoer about a crime intelligence investigation linked to him have thrown the growing infighting in South Africa’s crime-fighting agencies into harsh relief.

Until this week the battles within the police appeared to have involved mainly the Hawks and the crime intelligence division. But the latest drama involving Phiyega highlights how high the infighting has escalated.

While most of the claims and counter-claims have not been tested in court, they appear to have drawn the focus away from operational issues of crime investigation.

An SAPS colonel in the Western Cape told the Mail & Guardian this week that the paralysis in the division in the province is so serious that the rest of the force has resorted to gathering its own crime intelligence.

Last Monday Phiyega issued a suspension letter to the acting crime intelligence head, Chris Ngcobo, over his qualifications.  On Wednesday a docket of defeating the ends of justice was opened against her in Cape Town. The suggestion from various sources, including Phiyega herself, is that the claims are a counter-offensive by Ngcobo and his supporters in the Western Cape against the police commissioner. (See “Top cop hits back at crime intelligence, Page 4)

In a memorandum sent to police staff on Tuesday, Phiyega blamed the Crime Intelligence Division for concocting and launching a criminal case against her.

Ngcobo, the former head of the VIP protection unit in KwaZulu-Natal, was appointed acting head of the intelligence in place of the suspended Richard Mdluli in June last year.

The current move against Phiyega follows a pattern of tit-for-tat court cases, investigations and media leaks that have come to define local law enforcement agencies in recent years.

The tone was set by the Hawks’ investigation of Mdluli in connection with the 1999 murder of Mdluli’s alleged love rival, Oupa Ramogibe.

The elite unit also began investigating Mdluli, crime intelligence finance chief Solly Lazarus and senior supply chain manager Hein Barnard over the alleged plundering of the division’s secret account.

A security source told the M&G that the special account had been used for years as a political slush fund and that the division’s officers had merely taken this a step further by abusing it for their private benefit.

Mdluli was arrested on murder charges in early 2011. Since then:

• Hawks boss Anwa Dramat and Gauteng Hawks chief Shadrack Sibiya are reportedly facing possible charges for their alleged involvement in the illegal rendition of Zimbabwean nationals in 2010. The two men have been cleared by police of any involvement in the matter. However, the case against them appears to have been revived.

• Four weeks ago the Sunday Times claimed that Dramat’s arrest was imminent, following a year-long investigation by the Independent Police Investigative Directorate. Following the article, Sibiya told the M&G that it is a matter of public record that crime intelligence had reported the rendition matter to the police, and accused the division of waging a dirty tricks campaign against him and Dramat.

• Following a 2011 report by senior crime intelligence official Mark Hankel, who is understood to have played a key role in assisting the Hawks investigation of his bosses, information was leaked to the media relating to Hankel’s security clearance. The leak alleged that Hankel had failed two polygraph tests, but that the tests were “inconclusive”.

• Senior prosecutor Glynnis Breytenbach was suspended in April 2012 based on an allegation that she had lacked impartiality in her investigation of mining company Imperial Crown Trading. She insists that she was suspended for pursuing criminal charges against Mdluli. Her boss, alleged Mdluli ally Lawrence Mrwebi, signed off on the internal probe that triggered Breytenbach’s suspension.

• Breytenbach wrote to the inspector general of intelligence, Faith Radebe, objecting to Mrwebi’s withdrawal of corruption charges against Mdluli in early 2012. However, Radebe ruled that criminal investigations are a police responsibility and that the matter should go back to the NPA to reinstate criminal charges against the CIS chief.

• Breytenbach was cleared by an internal disciplinary hearing earlier this year, but the NPA is appealing against the ruling. The authority has also continued to investigate Breytenbach.

The battle between commissioner Phiyega and acting intelligence head Ngcobo appears to have been sparked by a State Security Agency (SSA) check on his security status after his appointment in June last year. Ngcobo was refused top security clearance after the SSA found a “discrepancy” in his qualifications and the matter was referred to Phiyega, who placed him on special leave. The charge of defeating the ends of justice was laid against Phiyega two days later.

The latest drama, which some police sources believe is a move to discredit Phiyega, has brought into focus the extent to which the police service has been overtaken by internal battles.

Phiyega’s spokesperson, Solomon Makgale, said this week that the commissioner will not be deterred by those who are not toeing the line.

There has been some opposition to Phiyega’s “clean-up strategy”, he said, but she will continue with her plan to bring back “integrity and discipline” following a “leadership void at the organisation”.

The Hawks’ investigation of crime intelligence appears to have pitted former Scorpions members involved in the corruption probe of then-deputy president Jacob Zuma against those seen as his supporters.

Mdluli, who has been described as a Zuma supporter, was appointed to head the intelligence division in 2009.

The investigation of Ramogibe’s murder was initially led by Sibiya, a former Free State Scorpions boss, before Dramat called in investigators from Cape Town. It was alleged that Sibiya and Johannesburg Hawks investigators initially involved in the case received death threats.

In March 2011 Mdluli and three of his colleagues were arrested for their alleged involvement in the 1999 murder. During the investigation, the Hawks claim to have uncovered allegations relating to senior officers’ abuse of the secret account meant for covert crime intelligence operations .

In September 2011 Mdluli and Barnard were arrested and charged with fraud and corruption relating to their alleged abuse of the account. Lazarus was later arrested on the same charges.  Last year a secret police report surfaced containing allegations of abuse by crime intelligence officers since Mdluli’s appointment in 2009.

The report, compiled by Hankel in 2011 and sent to the inspector general of intelligence, noted the discoveries made by the Hawks investigation into Mdluli and senior crime intelligence officers.

But Mdluli’s alleged supporters appear to have started mobilising. In November 2011 President Zuma appointed Mrwebi to head the National Prosecuting Authority’s Specialised Commercial Crimes Unit. The same month Mrwebi and then acting NPA head Nomgcobo Jiba received representations from Mdluli asking for the corruption charges gainst him to be withdrawn.

The representations centred on assertions that Mdluli was the victim of a conspiracy by police members who disapproved of his promotion in 2009 to head of crime intelligence.

In December 2011 the murder and corruption charges against Mdluli were controversially withdrawn. But the Hawks, together with senior NPA prosecutors, continued their investigations. Among those opposed to the withdrawal of charges against Mdluli was Breytenbach.

While the police are trying to put out fires arising from crime intelligence, Phiyega and the NPA are also embroiled in an application by legal watchdog Freedom Under Law (FUL) for the reinstatement of criminal charges against Mdluli.

FUL won its case in September, with Judge John Murphy ordering the NPA to reinstate the murder and fraud charges and the police to reinstate and conclude disciplinary charges against Mdluli.

Both the NPA and the police are applying for leave to appeal against Murphy’s judgment.

The advocate for the police, William Mokhari, also laid a complaint of misconduct against Murphy with the Judicial Service Commission this week.

The complaint followed a tense interaction between the two at the appeal hearing last week, during which Mokhari refused to answer a question Murphy put to him.

Murphy has since recused himself from the case.

Additional reporting by Glynnis Underhill M&G

South Africa – police service blasted by court over Mdluli

Mail and Guardian
SAPS blasted over Mdluli saga
23 SEP 2013 14:15 JONISAYI MAROMO

The withdrawal of charges against former crime intelligence boss Richard Mdluli has “undermined the integrity” of the police, says the high court.

The South African Police Service was criticised by the high court in Pretoria on Monday for its handling of the allegations against former crime intelligence boss Richard Mdluli.

Judge John Murphy said the withdrawal of disciplinary charges against Mdluli by then acting national commissioner of police, Lieutenant General Nhlanhla Mkhwanazi, and his reinstatement were “in dereliction of his constitutional and statutory duties”.

“By withdrawing the disciplinary proceedings against Mdluli and allowing him to resume his senior position in the SAPS when there were serious and unresolved allegations against him, the acting commissioner frustrated the proper functioning of the SAPS Act,” said Murphy in his written judgment.

“He also undermined the integrity of SAPS and failed to ensure that it operated transparently and accountably.”

The conduct of national police commissioner Riah Phiyega was also questioned.

“She apparently sees no need to place any obstacles in the way of Mdluli’s return to work, despite her constitutional duty to investigate allegations against him and the unfeasibility of his holding of a position of trust at the highest level in SAPS,” the judge said.

“For as long as there are serious unresolved questions concerning Mdluli’s integrity, he cannot lawfully act as a member and senior officer of the SAPS, or exercise the powers and duties associated with high office in the SAPS.”

Reinstate charges
Murphy ordered the National Director of Public Prosecutions (NDPP) to reinstate criminal charges and Phiyega to restore disciplinary proceedings against Mdluli in a ruling this morning.

The decision to reinstate Mdluli as head of crime intelligence was also set aside.

“The decision made on February 2012 by first respondent (NDPP) in terms of criminal charges of murder, kidnapping, intimidation and assault with intent to do grievous bodily harm and defeating the ends of justice is hereby reviewed and set aside,” said Murphy.

“The decision made on March 31 2013 by or on behalf of second respondent (national police commissioner) whereof fifth respondent (Mdluli) was reinstated as head of criminal intelligence in the South African Police Service with effect from March 31 2012 is hereby reviewed and set aside.”

Murphy said charges should be reinstated against Mdluli “without delay”.

“The first and third respondents (NDPP and head of specialised commercial crime unit respectively) are ordered to reinstate forthwith the criminal charges, which were instated against the fifth respondent (Mdluli) under case number 155/07/2011 and case number 340/02/99 and to take such steps as are necessary to ensure that criminal proceedings for the prosecution of the criminal charges under the aforesaid cases are re-enrolled and prosecuted diligently and without delay.”

In addition, the national police commissioner was instructed to take steps to reinstate disciplinary charges against Mdluli “without delay”.

“The second respondent (national police commissioner) is ordered to reinstate disciplinary charges, which had been instituted against fifth respondent (Mdluli) but were subsequently withdrawn on February 29 2012 and to take such steps as are necessary to institute or reinstate disciplinary proceedings that are necessary for the prosecution and finalisation of the aforesaid disciplinary charges, diligently and without delay.”

Murder, fraud and corruption
The application for a review and the setting aside of the decision to withdraw criminal and disciplinary charges against Mdluli was brought by lobby group Freedom Under Law (FUL).

The controversial former crime intelligence head was suspended amid charges of fraud and corruption, as well as charges relating to the murder of his ex-lover’s husband.

An inquest cleared him of any involvement in the murder. The National Prosecuting Authority later withdrew charges of fraud and corruption. He was reinstated, but again suspended in 2012 pending FUL’s application.

Murphy said: “The decision made on or about 5 or 6 December 2011, as the case may be, by the third respondent (head of specialised commercial crime unit) in terms of criminal charges of fraud, corruption, and money laundering instituted against the fifth respondent (Mdluli) were withdrawn is hereby reviewed and set aside.”

Laurance Hodes SC, for the NDPP, argued in court earlier this month that instead of “marching off to court”, FUL should have sought the review from the NDPP.

Hodes said the Mdluli matter had been provisionally withdrawn, which did not amount to a discontinuation of the prosecution process.

Decisions on whether to prosecute lay with the NDPP, not with courts, Hodes had argued. – Sapa

http://mg.co.za/article/2013-09-12-00-court-awaits-proof-mdluli-was-not-reinstated-due-to-pressu

20130923-181744.jpg