Khayelitsha cop matter going to ConCourt

2013-02-01 14:08

Johannesburg - Police Minister Nathi Mthethwa will approach the Constitutional Court over 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 on Friday.

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.

Poor policing

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

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

The case that was dismissed on January 14 by the Western Cape High Court was about Mthethwa trying 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.

Zille was accused of sensationalism and undermining 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 12 November to 14 December 2012 and a full report due on 24 February 2013.

Terms of reference

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.

  • - 2013-02-01 14:29

    Mthethwa how stupid ARE you??? IF you have nothing to hide why go through all the trouble and waste of money??? The point is you DO have lots to hide and WE have to pay for it!!

      gray.braatvedt - 2013-02-01 14:48

      Is there a good lawyer out there who wants to take up the cause of the tax payer and get a class action against all the government officials who waste lots of our money on useless court cases. Wouldn't it be wonderful if the ministers were made to pay the full amount of the court case out of their own pockets if they lost the case.

      andre.vandeventer.16 - 2013-02-01 14:55

      Wasting thousands is very easy as long it's not yours!

  • gordon.topp - 2013-02-01 14:34

    Why can't political parties accept that they have lost a court case instead of blatantly abusing tax payers' money to fight the ruling? If there is nothing to hide, why not let the commission of enquiry go ahead and prove that there was nothing wrong. The fact that Mthethwa is doing everything in his power to prevent the enquiry from going ahead and using hard-earned taxes to finance it is a clear indication that he knows there is a problem and doesn't want it exposed.

  • richard.hipkin - 2013-02-01 14:37

    So the community asked Zille to intervene and the ANC call it sensationalism... No wonder we have so many protests, the ANC simply are not listening to the people and when others do, they are called treasonous, colonialist, counter-revolutionary, racist and a host of other names.. Sigh...

  • davy.botha - 2013-02-01 14:49

    So what about the needs of the community Nathi do they not matter.?

  • nicolas.gombert.16 - 2013-02-01 14:50

    Ok Nathi Mthwathwa, here's the deal: you win, Hellen Zille pays, you lose, you (personally) pay. How's that? That will make sure the taxpayers' money is not wasted on this frivolous law suit.

  • markjack.deppe - 2013-02-01 15:08

    Another Court decision pending while the electorate are suffering. This goes to show how stupid our government ministers really are. What do the Minister have to hide?? Why not start the Commission, find the root causes of the problem and act upon the Commissions recommendations?? This would surely satisfy the people living in the Community. Our ministers do not live there and even when they parade in the areas at voting time do they not care a damn about their people but their fashionable comfort zones and lap of luxury. We should seriously consider where we put our crosses come next election.

  • gary.desousa.5 - 2013-02-01 15:10

    So a minority finding can be a more correct one? Good then I as a minority can also be correct. He is confused.

  • Erna - 2013-02-01 15:14

    Does'nt he understand that he is not fighthng the DA but the people who requested it.

  • denis.delaport - 2013-02-01 15:14

    Wow, To have the DA say you don’t know what you doing, then to have the high court agree with them, then to go all the way to the constitutional court and stand the risk of the highest court in the land agree with them, and then to establish a Commission of Enquiry to further point out how much you don’t know. WOW what courage?

      michael.tetley.35 - 2013-02-01 17:30

      Gross stupidity and pig-headedness more likely.

  • errol.wagner - 2013-02-01 15:27

    They will do all they can to cover up corruption and incompetence. The minister should pay this out of his own funds.

  • linds.ronhouse - 2013-02-01 15:44

    We must just do away with provinces, they were a compromise anyway during Codesa negotiations. They promote a form of federalism whereas SA is a unitary state. That's why a premier of one province referred to people from another province as refugees. Also do away with local government. We need administrative offices in all districts. These must not be political. All people working there should be appointed on merit and not elected. We can still have elected people serving in Boards of those administrative centres, but they should be paid a flat fee per meeting. Have audit Committees, etc.

  • joshua.vanvuren - 2013-02-01 15:49

    Mthethwa will get the High Court's decision over turned; the ANC is in charge of the Constitutional Court(as with many other courts) and not only that-the ANC are out to stop the DA.

  • patricia.dewet.92 - 2013-02-01 17:21

    Why is he so scared?? Maybe he will loose half the force and need to explain then. Shame another waste of taxpayers money.

  • pages:
  • 1