Zuma’s ‘irrational’, complains Cele

2012-07-07 18:43

President Jacob Zuma’s decision to fire former police commissioner

Bheki Cele may have been influenced by “ulterior motives” and was

“irrational”.

Cele made this claim in a founding affidavit filed in the North Gauteng High Court in a bid to have his axing reviewed.

Cele lashed Zuma for basing his “irrational” decision on a “flawed” hearing headed by Free State High

Court Judge Jake Moloi.

Cele believes Moloi “misled” the public and Zuma when he publicly

accused him of negotiating a botched R500-million lease deal, to

accommodate police headquarters, directly with Roux Shabangu.

Cele doesn’t believe that Moloi’s report is the real reason behind

Zuma’s decision to axe him and that Zuma ignored evidence pointing to

Cele’s fitness to hold office and relied on allegations that were never

proven during the inquiry.

Moloi headed a commision of inquiry into

Cele’s misconduct.

He believes that Moloi’s suggestion that he negotiated the lease deal is

contrary to Public Protector Thuli Madonsela’s finding that the

controversial lease was in fact concluded between the public works

department and the South African Police Service.

Cele’s affidavit also cites police minister Nathi Mthethwa, new police

commissioner Riah Phiyega, Zuma, Moloi and his two assistants, advocates

Anthea Platt and Terry Motau, as respondents.

Cele launched a tirade against Zuma and Moloi for ignoring his

“exceptional” crime-fighting record during his tenure as the country’s

top cop.

Cele felt Moloi treated him unfairly by accusing him, during cross-examination, of being “evasive and vague”.

Moloi “was and still is intent on finding me wrong and guilty at all costs”, he said.

Cele said further that he would produce video evidence of Moloi “laughing with glee” when the ­evidence-leading team made submissions.

Cele argues that there was no “factual” evidence before the board or

Madonsela to justify their findings that he played a role in a meeting

that took place at the Transnet building in Durban between former deputy

police commissioner Hamilton Hlela and Cele’s legal adviser

Major-General Julius Molefe, and Lieutenant-General Bonang Mgwenya.

Cele believes his axing was “flawed” because he fulfilled his

constitutional duties by “preventing, combating and investigating crimes

and to maintain public order”.

Zuma, he says, failed to appreciate this.

“Curiously, the president

further relies upon my general fight against crime in the country as one

of the bases for removing me from office.

"In those circumstances, the

decision of the president is reviewable on the basis that it contravenes

a legal requirement or on the basis that it is either arbitrary or

irrational, or actuated by ulterior motives,” said Cele.

Moloi has refused to comment any further on allegations made by Cele.

Presidency spokesperson Mac Maharaj said they would not comment on

Cele’s court action “until we are required to file papers in court”.

Maharaj referred all questions to the justice department, which would decide how to respond.

The justice department could not be reached at the time of going to press.

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