ICD not yet probing protector case

2011-03-11 20:48

Johannesburg - The Independent Complaints Directorate (ICD) will not yet probe the "incident" at the Public Protector's office last week when police officers demanded documents related to a report implicating police chief Bheki Cele and Public Works Minister Gwen Mahlangu-Nkabinde in misconduct.

ICD executive director Francois Beukman said in a statement on Friday: "Since the police investigation is already underway and the two SAPS (SA Police Service) members involved have already been suspended, the ICD will await the outcome of the SAPS investigation."

He said the ICD had received requests to investigate possible misconduct by the police officials involved in the unauthorised operation on March 2.

"The ICD has received complaints from third parties to investigate possible misconduct or offences allegedly committed by members of the SAPS with regard to the incident that took place at the Public Protector's office on March 2 2011.

"I have written to the National Police Commissioner, General Bheki Cele, this morning (on Friday) and have, in accordance with section 53(6)(b) of the SAPS Act, requested that the ICD be provided with a copy of the final report in respect of the SAPS investigation, once the said report has been completed.

"The ICD will then consider the final report and will make a further determination, if applicable, at that stage. Once the ICD has received and studied the aforesaid report, it will consider what further action should be taken."

Public Protector Thuli Madonsela last month released a report about an "unlawful" R500m lease agreement for police headquarters.

She criticised Cele for authorising the agreement and said the public works department should never have signed the lease agreement.

Madonsela said Cele's conduct breached the Constitution, the Public Finance Management Act, Treasury regulations and supply chain management rules and policies.

"This conduct was improper, unlawful and amounted to maladministration," she said.

Police visited the Public Protector's office - in what spokesperson McIntosh Polela called an "unauthorised" operation - and demanded that certain documents pertaining to the report be handed over to them.

Cele has denied that he acted unlawfully and distanced himself from the police visit to Madonsela's office.

  • Warslat - 2011-03-11 21:13

    This whole fiasco began because the cops appeared to be behaving unethically and looking out for it's own. So the ICD feels it should wait until the cops finish investigating...brilliant. Justice isn't only about justice being done but rather justice must also be SEEN to be done. The ICD should be looking into this very serious incident regardless of what the cops do. It would also make the cops treat their own investigation more seriously and and top brass thinking of similar raids would think again. Instead they get to drag their heels and cover it up knowing an independant investigation is unlikely. I guess the ICD is just another spineless toothless organ that doesn't want to be raided by the cops or fired for being competent.

  • Bill Xhosa - 2011-03-11 23:20

    This is funny. (If you live in another country) So Colonel Maluleka and Captain Nkuta have been suspended for following orders from Coloonel Heine. ICD won't investigate because SAPS will investigate themselves. I hope they put Colonel Heine in charge of the investigation since he is still working and has intimate knowledge of what happened.

  • Gerald - 2011-03-13 05:26

    Have you noticed that any commission, probe or enquiry with the word "INDEPENDED" in the title is strictly staffed, controlled and manned by the ANC! What a joke!

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