Cloak and dagger political police plots should play no role in prosecutions
Representations made to the National Prosecuting Authority (NPA) by former Crime Intelligence Head Richard Mdluli have come into the possession of City Press and raise the question why the prosecuting authority should yet again succumb to political pressure instead of proceeding on evidence.
Mdluli's arguments against proceeding with prosecution are reported to rest on allegations of conspiracy driven by suspended Police Chief Bheki Cele and fabrication of evidence by the Hawks. Mdluli revealed an alleged political plot against President Zuma by then Commissioner Cele, Minister Tokyo Sexwale and others last year; he is also said to be in line to take over Cele's job once the inquiry into Cele's fitness for office following the office lease saga concludes.
Did Mdluli fraudulently use secret police funds to acquire a car or did he not? That is what Adv. Glynnis Breytenbach of the Specialised Commercial Crimes Unit (SCCU) clearly believes should be decided by a court. Any cloak and dagger games being played out between Cele and Mdluli should have no bearing on the NPA's decisions whether to prosecute or not, and government's succession plans for the SAPS even less so. It is hardly appropriate to have a police chief against whom criminal charges remain unresolved because the cases against him are simply suspended.
Not one but two cases against Mdluli have been provisionally suspended - fraud, and murder. One suspended case might be an aberration but two point to trouble. Similarly, Adv. Breytenbach is the second prominent SCCU head to be targeted by their own organisation. As I indicated on 10 February, we are convinced that Adv. Chris Jordaan was forced out in 2010, and now Adv. Breytenbach is under pressure. The NPA cannot be a pawn in the ruling party's political games.
Statement issued by Dene Smuts MP, DA Shadow Minister of Justice and Constitutional Development, February 12 2012
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