News24

Hlela 'changed procurement rules'

2012-04-03 12:32

Pretoria - Former deputy police chief and head of procurement Hamilton Hlela altered the procurement process relating to acquisition of office space, the board of inquiry into suspended police commissioner Bheki Cele heard on Tuesday.

On the second day of closing arguments in the Tshwane council chambers, advocate Vincent Maleka, for Cele, said it was Hlela who had motivated for the negotiated procurement process.

"He had no instruction to change the rules. We have referred the board to General Hlela's meeting with the acting director general of the public works department," said Maleka.

"In that meeting, he motivated for a shortened procurement process, which is the negotiated process. He did not discuss that with General Cele."

Terms of reference


Maleka said his submission was critical as it touched on one of the board of inquiry's terms of reference - to establish whether Cele failed to prevent his subordinates' non-compliance with SA Police Service regulations.

"You can only fail to prevent something that you know. If you don't know anything there is hardly an obligation to prevent," said Maleka.

He said there was no evidence to support allegations that Cele had mismanaged funds as the accounting officer of the department.

"We hereby submit that the funds of Saps were properly managed under the stewardship of General Cele, and we avoid any unwarranted statements not based on evidence," said Maleka.

On Monday, Maleka contested Hlela's evidence alleging that Cele had identified a building in Pretoria owned by controversial property tycoon Roux Shabangu.

Maleka said the evidence-leading team had failed to provide evidence to support its claim that Cele had breached the Public Finance Management Act (PFMA).

He said evidence leader Mbuyiseli Madlanga had not told the inquiry which provisions of the PFMA Cele had contravened.

Conflict of interest


He countered earlier claims by the evidence-leading team that Cele acted with a conflict of interest because he had a relationship with Shabangu.

Madlanga had said that apart from misconduct, the "gross breach of the Public Finance Management Act alone warranted the board to recommend Cele's removal from office".

The board of inquiry, appointed by President Jacob Zuma and chaired by Judge Jake Moloi, is mandated to establish whether Cele acted corruptly, dishonestly, or with an undeclared conflict of interest in relation to two police lease deals signed with Shabangu, one for a building in Pretoria, another for a building in Durban.

It also has to determine his fitness to hold office, and his capacity to efficiently execute his duties.

Comments
  • Ricardo - 2012-04-03 12:52

    "You can only fail to prevent something that you know. If you don't know anything there is hardly an obligation to prevent," said Maleka. He didn't prevent it, cause he didn't know about it. But he used the process, cause he also didn't know about it......wow

  • Mfuyo - 2012-04-03 12:56

    This is a waste of our taxes' money. This will end like other Commissions, Mr Cele will be found NOT GUILTY like others before him.

  • swavka - 2012-04-03 12:59

    ANC policy - blame someone else.

  • Sharon - 2012-04-03 13:20

    So let me understand this correctly. Someone unqualified is placed in a high position. He makes a total hash of everything. He cannot be held accountable because he doesn't know better? Sounds illogical and undefendable as an argument.

  • btosuffer - 2012-04-03 13:24

    farewell "geneal"cele,atleast u r not leaving empty handed.u will be leaving with general title that u don deserve,and leaving saps in tatters because of you power monger attitude.u will not be missed because the civilian abuse that is currently prevalent is because of remilitarizing saps ranks.police thinks they areclaw unto themselves.

  • Phumi - 2012-04-03 13:48

    Hamilton Hlela was a disgrantled and disillusioned career cop who was hoping that he was going to be the National Commissioner. He does not warrant to be taken seriously as a star state witness. I have said it before that this case is just another ploy to settle political scores by one showerhead using state machinery. Unfortunately good people like Madonsela were compromised in this case. The signing of lease agreements is soley the responsibility of the Public Works department and something outside Cele's mandate. As he said before that he signed a needs assessment form and not any lease! You do not have to be a legal eagle to know that! Cele is only being victimised because he is assosiated with the wrong camp that is not dancing to the pipers tune!

      Mzwandile - 2012-04-03 14:12

      Well said Phumi. What I like about this enquiry, it is an open enquiry we all have eccess to evidence that has been led. This really smacks of political conspiracy.

      Thando - 2012-04-03 14:32

      I knw whn th state is using its power 2 settle political scores.....but i beg 2 differ on using "showerhead" as a scapegoat on ths matter; 1. Cele was appointd by "showerhead" above more deservn nd competent persons 2. Whn these allegations surfaced, "showerhead" ddnt rush to suspend Cele 3. R thr political scores wit ex Ministrs of Public Wrks nd Local Gov?

      Thando - 2012-04-03 14:32

      I knw whn th state is using its power 2 settle political scores.....but i beg 2 differ on using "showerhead" as a scapegoat on ths matter; 1. Cele was appointd by "showerhead" above more deservn nd competent persons 2. Whn these allegations surfaced, "showerhead" ddnt rush to suspend Cele 3. R thr political scores wit ex Ministrs of Public Wrks nd Local Gov?

  • Prakash - 2012-04-03 22:43

    NEXT ENQUIRY: CELE AND THOSHAN PANDAY WHOSE CHEQUES BOUNCED BEFORE GETTING LUCRATIVE TENDERS FROM THE SOUTH AFRICAN POLICE SERVICES.

  • pages:
  • 1