Minister Cele must repeal Regulation 45 of SAPS Employment Regulation, following revelation of misuse

1 March 2018

Police Minister Bheki Cele must urgently repeal Regulation 45(1)(n) of the SAPS Employment Regulations. This follows a presentation to the Portfolio Committee on Police which revealed that National Police Commissioner (NPC) Khehla Sitole is using this regulation to create his own private office, as his predecessors in the role had also done.

It is seriously concerning that, in a period of 5 months, Sitole has already promoted 15 SAPS members using this regulation. Thirteen of the promoted officers appear to be working in his private office now, of which at least five seem to be bodyguards.

In the past, previous National Police Commissioners have abused Regulation 45, to flout due processes in attempts to appoint their cronies for self-serving reasons other than to fight crime.

It would be incredibly disappointing if the current NPC continues with this tradition, with Minister Cele’s agreement.

The Regulation provides that the National Commissioner – with the concurrence of the Minister - may promote an employee into a post without advertising the post, and without following the selection process, if the National Commissioner is satisfied that:

- the employee qualifies in all aspects for the post;

- there are exceptional circumstances that warrant the deviation from the said sub regulation; and

- such deviation is in the interest of Service.

It is now evident that previous and current NPCs have abused this regulation, seemingly to appoint individuals who are not fit-for-purpose. This has contributed to the current leadership crisis within the SAPS where nepotism and cronyism outweighs fighting high levels of crime and ensuring the safety of South Africans.

Minister Cele must seriously consider this matter and other various issues pertaining the overall SAPS leadership and its ability to fight crime in the country.

Only men and women who are committed and competent to fight crime in this country should be appointed to carry out this mandate and not individuals with ulterior motives.

Issued by Zakhele Mbhele, DA Shadow Minister of Police, 1 March 2018