Public Protector's findings: President Zuma should dismiss Commissioner Cele

In light of the findings announced today by Public Protector Advocate Thuli Madonsela regarding the SAPS lease deals scandal, the Democratic Alliance (DA) will today write to President Jacob Zuma asking for the immediate dismissal of National Police Commissioner Bheki Cele, and any other individuals who are implicated in the Public Protector's report. 

The findings announced today by Adv Madonsela come four months after the release of her office's initial report into the R500-million lease deal signed between Commissioner Cele and Roux Shabangu, which found this agreement to have been fundamentally flawed and invalid. At that time, Adv. Madonsela described Commissioner Cele's conduct as ‘improper, unlawful and amounted to maladministration.'

Today Adv. Madonsela's recommended remedial action regarding the SAPS is that urgent steps are taken to "ensure appropriate action is instituted against all the relevant officials of the SAPS that acted in contravention of the law, policy and other prescripts in respect of the procurement processes referred to in this report." As the accounting officer of the SAPS, Commissioner Cele holds ultimate responsibility for the financial decisions made by his department.

In both of the Public Protector's reports, the National Police Commissioner has been found to be responsible for the unlawful conduct and maladministration that resulted in the abuse of over a billion Rands worth of state funds. The manner in which the SAPS lease deals in question were conducted indicates a total disregard, on the part of both Bheki Cele and Public Works Minister Gwen Mahlangu-Nkabinde, for the checks and balances designed to prevent the abuse of public funds.

If these are not grounds for the National Police Commissioner's dismissal, it is hard to imagine what is, and indeed, should the President refuse this request, we believe he would be in breach of his sworn duty to uphold law and order in this land.

The DA also regards it as imperative that remedial action is taken swiftly against Minister Mahlangu-Nkabinde, whose conduct the Public Protector described as having "failed to meet the requisite stewardship expected from her".

The series of events that have followed the release of the Public Protector's first report into the dodgy SAPS lease deals are of serious concern to the DA. In her first report,  Adv Madonsela called for further investigation and urgent remedial action to be taken against the implicated officials, but there has been no visible response by the relevant authorities. On the contrary, Commissioner Cele hit back, refused to accept responsibility for his wrongdoing and questioned the Public Protector's impartiality. 

Shortly after the release of the report the SAPS raided the offices of the Public Protector. Then, last week Independent Newspapers reported that Adv Madonsela was being investigated for fraud and corruption.

Despite President Zuma publically stating his support for the work of the Public Protector, his administration's repeated failure to act on the recommendations put forward by Adv Madonsela's office tell another story. Of even greater concern are the apparent attempts to intimidate the Public Protector's office in the run-up to the release of the second SAPS lease deal report. Such actions indicate a complete disregard for accountability, transparency and respect for the constitutional mandate of the Public Protector's office by the highest ranks of government.

In an address to the University of Stellenbosch in June this year, Adv Madonsela noted that accountability is central to democracy, and that it is "imperative that commitment to the rule of law, which includes an understanding that nobody is above the law or accountability, be maintained".

The DA calls on President Jacob Zuma to prove his commitment to the values on which our democracy is based, and to abide by his repeated promises to root out corruption in government, by dismissing the National Police Commissioner and any other individuals who are implicated in the Public Protector's report.

Statement issued by Dianne Kohler Barnard MP, DA Shadow Minister of Police, July 14 2011

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