Cele to challenge dismissal in court
FORMER national police commissioner Bheki Cele said yesterday he wants the high court in Pretoria to declare President Jacob Zuma’s decision to fire him “invalid and unlawful”.
The saga surrounding Mr Cele’s removal includes allegations of a “plot” against him, partly for taking action on alleged corruption in the South African Police Service’s (SAPS’s) supply chain management.
His departure from the helm of the SAPS also occurs in a politically charged environment, with the African National Congress holding a key election at the end of the year, and the former police boss linked to a bid to oust the incumbent in a report released by controversial suspended crime intelligence head Richard Mdluli.
The thrust of Mr Cele’s 17-page statement, which he read out to reporters in Pretoria yesterday, was that there was a “cynical plot” against him, although he was not candid about who was behind his “persecution”.
Mr Cele was fired after a board of inquiry— headed by Judge Jake Moloi and appointed last year to probe his fitness to hold office — recommended his dismissal.
The board was established by Mr Zuma after Public Protector Thuli Madonsela found Mr Cele’s role in the awarding of leases worth almost R2bn for SAPS offices was improper, unlawful and amounted to maladministration. Mr Cele believes his dismissal was based on Judge Moloi’s “flawed” report.
“Someone must have prevailed upon Justice Jake Moloi to make sure that he returns a recommendation that I be fired, at whatever cost,” he said
Judge Moloi had taken part in a meeting which included the office staff of certain ministers and prosecutors, he said. Talks at the gathering — which reportedly took place before the subsequent hearing — included an alleged move to add to the charges against Mr Cele.
He said Judge Moloi should have recused himself from the meeting. “I blame Moloi … I have no blame for the president.”
Mr Cele said he had the minutes of the meeting in his possession. “If you are a presiding officer, I would not expect you to go and sit with the prosecutors and everybody, and not just sitting in the meeting, contributing, and saying you need to add it quick so that by the time we start those things are added”, he said. Judge Moloi was also hostile during the proceedings, Mr Cele said.
His advice for his replacement, Mangwashi Phiyega, was to work closely with the “foot soldiers”.
Mr Cele said he would lodge his court papers this week.