Madonsela to probe acting top cop

2012-04-25 20:38

Cape Town - Public Protector Thuli Madonsela has decided to investigate allegations of abuse of power and improper conduct against acting national police commissioner Nhlanhla Mkhwanazi.

In a letter sent to the Democratic Alliance on Wednesday, Madonsela agreed to probe allegations that he failed to investigate abuse of the police's secret intelligence slush fund for alleged perks for Police Minister Nathi Mthethwa, his family, and a divisional commissioner.

She also agreed to look into claims that the rapidly promoted Mkhwanazi admitted to fellow officers that he had witnessed a murder, but failed to report it.

"After careful assessment of the complaint, I have determined that there is a prima facie case of improper conduct and abuse of power, which warrants an investigation."

Madonsela was asked to investigate by DA MP Dianne Kohler Barnard.

Startling admission

She claimed Mkhwanazi told about 50 police officers on March 5 that he was "part of a group within SAPS which had killed an innocent man and that he had (later) refused to provide a statement to this effect".

Kohler Barnard said she was given nine affidavits by police officers who were present at a briefing where Mkhwanazi made "this startling admission".

Press reports that R200 000 in taxpayer's money was used to build a wall around Mthethwa's private home are part of a wider scandal embroiling senior figures who allegedly abused the fund.

The minister has asked the Auditor General to investigate allegations that he benefited, but the saga centres around claims that crime intelligence chief Richard Mdluli misappropriated R5m from the fund.

Mdluli was reinstated as head of the crime intelligence division in March, after the National Prosecuting Authority withdrew fraud and corruption charges against him related to the secret service account.

That was widely believed to be the end of the matter, but Madonsela revealed on Tuesday that the Inspector-General of Intelligence, Faith Radebe, was still investigating it.

Political pressure

Madonsela said that to avoid duplication, she would therefore not at this stage launch her own investigation into Mdluli, but wait for Radebe to conclude her work and then decide whether there was a need to do so.

Asked about reports that Radebe had come under political pressure to drop the matter, Madonsela said this impression had not been conveyed to her.

However, Mkhwanazi complained last week in a briefing to Parliament's portfolio committee on police that political pressure had prevented him from pursuing certain cases.

In response to a question on low conviction rates, he told MPs: "We have been told in many instances of late that we don’t have the right to investigate certain case dockets."

He added that he had been told to "release some case dockets to the Inspector General for Intelligence", in what appeared to be a reference to the charges against Mdluli.

"There are powers beyond us that are going to decide whether there is a conviction or not. It's all good that we say we want to achieve this target of conviction, but we are not prosecutors. We are not judges."

Mkhwanazi's office has refused to comment on the allegations that he witnessed a murder, saying it would not be proper to do so as the matter was with the Public Protector.

  • louis.langenhoven - 2012-04-25 20:55

    OMFW that is now Comm nr 3 in a row being investigated. What I do find peculiar is that Madonsela is not interested to look into Mdluli but she is now suddenly interested in Mkwanazi....

      Gideon - 2012-04-25 21:06

      Louis, she is waiting for Radebe to conclude her investigation.

      vuyo.velebhayi - 2012-04-25 21:11

      Let the independant police complaints directorate investigate the matter.Public Protector must use her resources to fight corruption.

      Andile - 2012-04-25 21:17

      My point exactly Louis, it looks like Mdluli is indeed after all above 'the law', why is he immune from Madonselas scope of work? I'm beginning to doubt her impartiality or lack there of. Whatever happened to her son's investigation of bumping a state vehicle?

      Max - 2012-04-25 22:01

      Louis, I agree a 100% with you. Madonsela is just another ANC crony clown, she just hides it a bit better.

      Bless Boswell - 2012-04-26 01:43

      Don't you guys read?? Madonsela cannot get involved until Faith Radebe has completed her investigation. You guys sure are fickle. One minute you praise her efforts - the next you trash her / come on guys, grow up.

  • Ian - 2012-04-25 21:01

    Looks like Public Protector Madonsela has become big mama for the irritating DA parliamentarians. The reason why the DA is not in power is because they are nothing but a bunch of spoiled brats. They cannot stand black people in power yet they want to be voted by them. They want to investigate everyone....crap. Be careful now Madonsela. These autistic people want to use u. Zille really needs a man size Cadbury chocolate crunch in her mouth to shut.

      Piet - 2012-04-25 21:12

      Are you brain dead or just plain ignorant??? WHY atack the D A with your ramblings.???

      Bokfan - 2012-04-25 21:13

      Ian unfortunately you aren't within smacking distance but its clear you are short a couple of klappe to get your head right. As an obvious supporter of criminals I guess you are a criminal yourself. Not the usual "I park where I want inlcluding disabled parking bays" type of thug, but your deep seated crimnal sociopath rapist murderer type. The sort the anc likes to recruit to carry its mission forward. Well here is some news for you. Its possible, but only just, that your children will realise what a beast you are, and come to be shamed by mere association with your name. If not I am pretty certain that one day they will end in jail or on some street cursing your genetic heritage. Well I can hope cant I.

      Squeegee - 2012-04-25 21:14


      Xavier7034 - 2012-04-25 21:19

      Your assessment that the DA attitude is somewhat surprising. It would be naive, and even political suicide for ANY political party "not to want black people in power." I have personally met MANY "black" people in top positions in the DA, and they have got there on ability and merit. Certainly not on their skin colour. The fact that the very cabable and articulate Lindiwe Mazibuku heads the DA in parliament already trashes your assertion. Actually, Ms Zille has got better taste in chocolates - black - which is better for your health - but then of course one would not expect you to know taste at all.

      Arp Liebenberg - 2012-04-25 21:29

      Why did you open your mouth? Now we all know how stupid you actually are, you need to wake up clown, you tea is getting cold! fool

      CliveK - 2012-04-25 21:32

      You are totally off the mark, Ian. This government has probably passed the point of no return in terms of corruption; anything goes for those close to the seat of power, i.e. JZ. And that's why we need a vociferous opposition and a fearless public protector. But, assuming you to be a taxpayer, if you are happy to see your hard-earned money wasted by the real spoilt brats - the ANC top brass - then that's your problem. But I, for one, am sick and tired of hearing about new cases of corruption on an almost daily basis. Billions, not millions, down the tubes every year. As for this report: I really thought that having a career cop at the top, instead of some ANC functionary (or deployed cadre), would make a pleasant change. But no. When the report of 27000 cops wandering around with guns but with no competency certificates broke, did Mr Acting Commissioner throw up his hands in horror and vow to rectify this disgrace? No, he promised to unearth the whistle-blower and punish him/her. Typical ANC "shoot the messenger" reaction. This bunch is leading our country to disaster, and the sooner people like you, Ian, realise it, the better it will be for all of us.

  • Andile - 2012-04-25 21:02

    OMG!!! Speechless to say the least! This is surely going to pave the way for the: Murder accused, Nepotism accused (7 Family members with a Rank of Colonel and above appointed when he became head of the Intelligent devision), corruption accused Richard Mdluli. SAPS current generation will be even more corrupt. Sometimes the interference of politicians does no good at all. Those who are supporting this move brace yourselves for a General Mdluli (the end is near). Nuf said!!

  • Vic - 2012-04-25 21:23

    Are we EVER going to have a squeaky-clean cop at the helm? No 3 and counting. Has screening ever occurred to Zuma ? Thuli Madonsela is doing a damn fine job but soon she is going to need a staff of 1000 screened personnel to help, with cases being uncovered every day.South Africa must be the 'Laughing-Stock' of the World!

  • Mike Purchase - 2012-04-25 21:43

    Know what ian means,een,one amen.

  • Michael - 2012-04-25 21:44

    Y don't she start wth mdluli

      CliveK - 2012-04-26 12:58

      There is another (internal?) probe into Mdluli on the go, and based on those findings, she will almost certainly get around to him. Whether he is "touchable" - due to his closeness to Jake - remains to be seen, but he should have been at least suspended (again) or, better still, fired by now.

  • Masala Ramabulana - 2012-04-25 21:52

    She is slowly loosing credibility as she seems to only go after zuma political enemies

  • Loo - 2012-04-26 09:30

    WTF !!!!!!! STOP appointing criminals as police chiefs.. !!! Pres Zuma,,,, cmon man .. This is ridiculous don't you think ???!!!!!!

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