Mthethwa must live with commission, court told

2012-12-13 20:24

Cape Town - Police Minister Nathi Mthethwa just has to live with the establishment of a commission of inquiry into policing in Khayelitsha, the Western Cape High Court heard on Thursday.

Peter Hawthorne, for the NGO Social Justice Coalition (SJC), told the court Mthethwa's legal team had failed to prove the commission would cause irreparable harm to the SA Police Service.

Hawthorne was responding to calls from Mthethwa's legal team to declare Western Cape Premier Helen Zille's establishment of the commission unlawful and unconstitutional.

Norman Arendse, for Mthethwa, said Zille overstepped her powers by appointing retired judge Catherine O'Regan and advocate Vusi Pikoli to probe allegations of police inefficiency in the area.

He said the Constitution conferred certain entitlements to provinces to monitor police conduct and effectiveness.

Arendse said the premier and her cabinet were, however, not entitled to issue summons or search warrants on police.

"Provincial commissioners are accountable to the national commissioner, and not accountable to a provincial cabinet and premier," said Arendse.

The court was packed with SJC activists, who led the call for the commission to be established following a string of vigilante killings in Khayelitsha.

Community members complained police inaction had led to residents taking the law into their own hands.

The O'Regan/Pikoli commission was meant to hold public hearings from 12 November to 14 December.

The commission was suspended pending the outcome of Mthethwa's application.


  • frederick.kaczynski - 2012-12-13 20:31

    oh.. ok... its not like he actually has to move in with them and make them breakfast... although... that may achieve more than some suit infested commission getting paid piles of money to sit on chairs and scribble on paper.

  • motho.batho.98 - 2012-12-13 21:00

    Why is Mthethwa blocking the commission in the 1st case?

      sandy.sutherland.58 - 2012-12-13 21:56

      motho - I wonder exactly that too? What is he trying to cover up or hide?

      marilyn.docherty.9 - 2012-12-14 07:18

      He probably has a lot to hide - Knows what is going on but does nothing about it. A lot of police accept bribes/payment to keep quiet and so the horrific crime rate just continues!!!

  • chris.lategan - 2012-12-13 21:07


  • phillip.marchant.52 - 2012-12-13 21:11

    Dear Advocate Arendse, now do you understand why you shall never be voted into the boardrooms of Cricket South Africa? It's not because everyone there is a racist, or that everyone is out to steal the organisation blind without your all-seeing eyes, but rather because it is important for the president of such an organisation, to be able to distinguish between right and wrong, and to be able to act in accordance with that criterion, and not allow personal agenda to interfere with that basic fundamental. Now that just wouldn't be cricket, would it? So my question to you is; do you honestly believe that the madam has inwardly insulted the minister of police, and the (alleged) ANC government as a whole, by exposing their regimen of corruption and incompetence in Khayelitscha, and their crimes against those peoples, or is it just that one comrade should never criticize another, no matter how personally and professionally compromising?

  • Stewart Croucamp - 2012-12-13 22:03

    Mthetwa is useless that is why the crime is getting out of hand.

  • nico.dejongh.90 - 2012-12-13 22:41

    Trying to give the Cape a bad reputation or maybe too busy counting protection money from the gangsters anyhow another useless salary hog.

  • andrew.mackie.90 - 2012-12-14 06:48

    Just a waste of public funds again, why does the Minister and Police Chief not accept the will of the people and let the probe either confirm or prove otherwise.

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