Khayelitsha commission: Mthethwa approaches ConCourt

2013-02-01 13:19

Police Minister Nathi Mthethwa is to approach the Constitutional Court following a court ruling against his bid to stop a commission of inquiry into policing in Khayelitsha.

“The minister has now decided to make an application for leave to appeal to the Constitutional Court,” his spokesperson, Zweli Mnisi, said today.

The application will be based on the contents of the minority judgment in his unsuccessful bid to stop the inquiry.

In the majority judgment handed down in the Western Cape High Court, Mnisi explained, it was concluded that Western Cape premier Helen Zille had complied fully with the principles of co-operative government, so the application made by Mthethwa had to be dismissed.

“The minority judgment, on the other hand, had concluded that the intergovernmental processes had not been fully complied with, and would have ordered the parties to finalise those processes and to report back to the court, so that the court could consider the application again,” he said.

An official at the Constitutional Court said the application had not been received by this morning.

Mnisi said the minister believed the approach adopted in the minority judgment was the correct one.

In the case that was dismissed on January 14 by the Western Cape High Court, Mthethwa tried to stop Zille setting up a commission of inquiry into policing in the Cape Town suburb Khayelitsha after complaints by various community organisations last year.

Residents were complaining that police inaction had compelled them to take the law into their own hands, leading to vigilantism.

Zille, who leads opposition party the Democratic Alliance, was accused of trying to create newspaper headlines and undermine the independence of the police.

The commission was supposed to have been headed by retired Constitutional Court judge Kate O’Regan and former National Director of Public Prosecutions Advocate Vusi Pikoli, with public hearings scheduled from November 12 to December 14 2012, and a full report due on February 24 2013.

Mnisi said both Mthethwa and the National Commissioner of Police General Riah Phiyega had undertaken to work with Zille and civil society organisations which had wanted the inquiry to address their concerns.

Phiyega had established a task team to consider the matter and it had submitted a comprehensive report to her already, which suggested that further investigations were necessary.

She had drafted terms of reference for the broader enquiry, which Mthethwa had endorsed.

He did not want two inquiries considering the same complaints – so he wanted Zille to stop hers.

SHARE:

Read News24’s Comments Policy

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
0 comments
Add your comment
Comment 0 characters remaining

Inside News24

 
/News
Traffic Alerts
Horoscopes
Aquarius
Aquarius

There is a strong desire to connect and participate in group related gatherings. You may feel the need to bond or connect with a...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.




Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.