The National Police Commissioner, General Bheki Cele must come before the Police Portfolio Committee to explain his failure to act on allegations made against Commissioner of Crime Intelligence Richard Mdluli. I will write today to the Chairperson of the Portfolio Committee to ask that she calls him before our committee as soon as possible. Mdluli is accused of deliberately neglecting to probe allegations of criminal activity within the police force during his tenure as Deputy Police Commissioner for Gauteng. Most recently, the Public Protector, Thulisile Madonesela, has acted to pressure General Cele to investigate the allegations.
There are really only two possible reasons that Mdluli did not take up this investigation: either he is incompetent and unable to perform a basic oversight role or he has a vested interest in the Gauteng SAPS not being investigated. These among other questions now need to be put to the General. Which one is it?
As a general rule oversight of the executive is critical, and transparency and accountability essential to good governance, but when it comes to the Police that need becomes acute. The Police Service should be held to the highest standard. It needs to be beyond reproach if the public is going to properly invest its faith in it. We simply cannot a have a situation where the Public Protector is required to request the National Police Commissioner to act on problems he is responsible for overseeing. A situation like that only ever works against that very need. He has had a chance to act of his own volition, he failed to do so; he now needs to explain his failure to the Committee and the public in turn.
Outside of Bheki Cele's failure to act, there is the outstanding question as to why Mdluli was promoted to Police Intelligence Chief in the first place, considering he had these allegations standing against him at the time. Surely an appointment cannot be made until a person's track record has been properly interrogated and deemed suitable for public office? This question also needs to be put to the General, as it does the Minister of Police. I shall do so in a written question.
By way of background: In November 2008, a complaint was made to the Gauteng Police Commissioner that members of the South African Police Service (SAPS) were involved in criminal activities relating to drug-dealing and illegal car towing and ‘chopping' in the Tshwane region. Mdluli was tasked with investigating the matter but, according to the Protector, he did nothing more than acknowledge receipt of the complaint without any attendant investigation. This serious neglect of public duty is a direct indictment on Mdluli's suitability to serve the public as required by the Police Act and raises serious questions as to his ability to serve in his current position as Police Intelligence Chief.
Unfortunately, the fact that Mdluli, who neglected to investigate an abuse of police powers should never have been appointed Intelligence Chief is only part of a larger trend within our police services where the mandated role to serve the public is sorely neglected.
Statement issued by Dianne Kohler Barnard, Democratic Alliance shadow minister of police, June 13 2010
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