Police Minister Nhleko aids "Mdluli cover-up"

13 April 2015

The DA is in possession of a damning letter from the office of the Public Protector confirming that the investigation conducted by the Inspector-General of Intelligence, Adv Faith Radebe, into disgraced Crime Intelligence head, Richard Mdluli, is finally complete and on the Minister of Police, Nathi Nhleko's desk. The Minister is, however, refusing to make it public. 

This is no doubt in an effort to protect Mr Mdluli from all accountability. As such I will write to the Chairperson of the Police Portfolio Committee, Francois Beukman, requesting that our committee compels the Minister to table this report in Parliament so that it may be thoroughly interrogated.

The letter states that the Inspector-General's office did everything it was supposed to do and submitted the report to the Minister of Police who is predictably doing all in his power to thwart the Public Protector and ensure that this report never sees the light of day. 

Recent conduct makes it crystal clear that this man is so obviously inclined toward political expediency and lacks the fortitude to do his job justly. He must be fired once and for all and Parliament must be the one to recommend it if government won't.

Indeed, Thuli Madonsela's efforts to gain access to the report as was originally agreed to almost two and half years ago. The only logical explanation one may draw is that the Police Minister has now joined the chorus to protect Richard Mdluli from any accountability for his actions as Crime Intelligence head at the South African Police Services (SAPS).

A mandate like this to the Police Minister could have only come from the very top as part of a coordinated cover-up. The depth and scope of such a cover-up can only be attributed to the severity of dirt Mr Mdluli must have on senior politicians in government, and is essentially an effort to protect themselves.

A report in yesterday's City Press details the lengths to which senior government officials within our criminal justice system have gone to protect Mr Mdluli, who has very close ties to President Jacob Zuma. Deputy National Director of Public Prosecutions (NDPP), Nomgcobo Jiba, Commercial Crimes head, Lawrence Mwrebi, and North Gauteng DPP, Sibongile Mzinyathi have all perjured themselves and frustrated all attempts to carry out an independent investigation into Mr Mdluli.

This is in relation to their wholly irrational decision to withdraw fraud, money laundering and corruption charges against Mr Mdluli. Both the North Gauteng High Court and the Supreme Court of Appeal delivered scathing judgments of their blatant attempts to shield Mdluli from justice.

In light of this letter it would appear that Nathi Nhleko, a Minister who has become synonymous with unlawful conduct, has joined the efforts to shield Mr Mdluli at all costs. He has even gone to the extent of treating the Public Protector, head of a Chapter 9 institution, with complete and utter contempt by reneging on an agreement to make public the report upon its completion.

I will make every attempt to ensure that the truth in this on-going saga is uncovered by pursing the tabling of this Mdluli report in Parliament by Mr Nhleko.

It is completely unfair to South Africans that the apparatus of the state is being used to protect one man who is likely to have committed unlawful acts while he rakes in millions of Rands of taxpayers' money sitting at home for almost two and half years.

Text of letter from Public Protector Thuli Madonsela to Dianne Kohler Barnard, MP, April 7 2015

Honourable Ms Diane Kohler Barnard, MP DA Shadow Minister Police

PO Box 15 CAPE TOWN 8000

Dear Ms Barnard

CLOSING REPORT ON AN INVESTIGATION INTO THE AFFAIRS STATE CRIME INTELLIGENCE UNIT ON ALLEGATIONS OF MALADMINISTRATION IN RESPECT OF THE SECRET SERVICES ACCOUNT AND ALLLEGATIONS OF ABUSE OF POWER BY LT- GENERAL RICHARD MDLULI

1.  I received a complaint from you on 20 March 2012. In your complaint, you requested me to investigate the on-going saga in the Police Crime Intelligence unit pertaining to maladministration in respect of Secret Services account and alleged abuse of power by Lt-General Richard Mdluli.

2.  The Complaint

You had alleged that reports in the City Press and Mail and Guardian newspapers of

30 March 2012 had revealed that:

2.1  Lt-General Mdluli's family members were allegedly appointed to the Crime Intelligence agent programme without performing undercover operations;

2.2  Lt-General Mdluli allegedly abused covert state vehicles that he was not entitled to the usage thereof;

2.3 A crime intelligence whistle-blower was allegedly abducted by other crime intelligence operatives;

2.4 A "prominent person" from Kwazulu-Natal was allegedly placed in crime intelligence unit to influence the suspended Police Chief Bheki Cele's fate;

2..5 Lt-General Mdluli allegedly "abused" a . travel agent in Durban, with Lt-General Mdluli and his family travelling more than 50 times on state expenses;

2.6 Various safe houses were allegedly rented by the police for the sole use of Lt­ General Mdluli and his family; and

2.7 You further alleged that this complaint had been submitted to the Office of the Inspector General of Intelligence (OIGI), Adv. Faith Radebe without receiving an acknowledgement thereof.

3 The Investigation

3.1. After assessing the complaint, I had referred the matter to the Office of Inspector General of Intelligence in terms of section 4 (c) (ii) of the Public Protector Act for investigation and report back to my office once investigation of the matter had been finalised.

3.2  The Inspector General of Intelligence made undertakings to me in a letter dated 06 August 2012 that the matter would be investigated and regular briefings on developments submitted to my office.

3.3  However, the Office of Inspector General of Intelligence failed to provide my office with the necessary regular feedback . The Inspector General also failed to keep me abreast of developments in the ongoing investigation prior to her issuing of the first and final reports, despite having made undertakings to do so when we met in my office on 12 June 2012, 24 April 2013 and 19 August 2013, respectively.

3.4. Subsequently I contacted OIGI and I was advised that the final report on their investigation has been submitted to Minister of Safety and Security. They further indicated that they were not at liberty to avail the report to my office as protocol dictated that I should request for same from the Minister.

3.5  In order to make a determination regarding the steps taken by the OIGI to investigate and resolve the matter I had requested for the OIGI report in September 2014 from the Minister. Unfortunately I have not been presented with the report.

3.6 On the other hand, the matter had also been brought before the courts and after numerous postponements, it was finalised by the Supreme Court of Appeal (SCA) on 17 April 2014 (67/14(2014] ZASCA 58), ordering for the reinstatement of fraud and corruption charges against Lt-General Mdluli which had been withdrawn by the National Director of Public Prosecutions (NDPP).

3.7 Despite the non-response from the Minister to my request, I believe all the issues pertaining to the complaint you had lodged with my office in the matter, have been fully addressed in the court proceedings and consequently adjudicated upon by the courts on 17 April 2014.

4. Conclusion

4.1 Consequently, I have come to the conclusion that the issues you had raised were sufficiently dealt with as indicated above, and I have therefore decided to close the file relating to complaint lodged against the Department of Safety and Security.

4.2 However, should you wish to engage me on any aspect of the investigation you are welcome to do so in the next ten (10) days. Should I not hear from you, I will assume you are satisfied with the conclusion hereof.

Best Wishes

ADV TN MADONSELA

PUBLIC PROTECTOR OF THE REPUBLIC OF SOUTH AFRICA

ENDS

Statement issued by Dianne Kohler Barnard MP, DA Shadow Minister of Police, April 13 2015