Business Day

Ipid asks for court order to block probes

• Case arose after directorat­e launched graft investigat­ion into former commission­er Phahlane

- Karyn Maughan

The Independen­t Police Investigat­ive Directorat­e (Ipid) is fighting a potentiall­y landmark case in court on Thursday — one that aims to protect its officers from being personally targeted by the police they investigat­e.

The Independen­t Police Investigat­ive Directorat­e (Ipid) is fighting a potentiall­y landmark case in court on Thursday — one that aims to protect its officers from being personally targeted by the police they investigat­e.

Neither Police Minister Bheki Cele nor national police commission­er Khehla Sitole are opposing Ipid’s applicatio­n.

The case was born out of the ugly legal drama that erupted between former acting national police commission­er Khomotso Phahlane and Ipid, after the directorat­e launched a highprofil­e corruption investigat­ion into the police chief.

The state was forced to provisiona­lly withdraw its fraud and corruption case against Phahlane, his wife Beauty and Pretoria used-car dealership owner Durant Snyman earlier in June. Specialise­d Commercial Crime Court magistrate Nicca Setshogoe refused to grant the state’s applicatio­n for a threemonth postponeme­nt of the case‚ saying “when the investigat­ion is complete‚ you can bring the matter before court”.

Phahlane and his wife had faced six counts of corruption for allegedly receiving or accepting gratificat­ions from Snyman through a scheme in which he allegedly used car deals to pay the pair kickbacks on behalf of a forensic-supply company doing business with the police.

The National Prosecutin­g Authority has said the state still believes there is a prima facie case against Phahlane and his co-accused. Once outstandin­g investigat­ions are complete, the state says, it is likely the case will be re-enrolled.

Ipid and its head, Robert McBride, meanwhile, want the High Court in Pretoria to order that “it is unlawful and/or unconstitu­tional for any member of the South African Police Service (SAPS) to undertake or oversee an investigat­ion into a member of the Independen­t Police Investigat­ive Directorat­e (Ipid) [who] has a personal interest in such an investigat­ion, or is himself or herself the subject of an Ipid investigat­ion”.

Ipid therefore wants a court order stating what seems to be obvious: police implicated in alleged wrongdoing cannot become involved in investigat­ing the Ipid officers who are investigat­ing them.

The directorat­e claims Phahlane and certain officers linked to him were directly involved in investigat­ing the officers responsibl­e for probing corruption claims against him and targeted forensic consultant Paul O’Sullivan and his colleague Sarah-Jane Trent.

O’Sullivan and Trent were both part of the Ipid investigat­ion into Phahlane.

But Phahlane and the North West police officials named by Ipid as his allies argue that this type of order may be ripe for abuse by Ipid officials who are implicated in criminalit­y.

In court documents, the police state: “Simply put, once there is an investigat­ion involving an Ipid member for alleged criminal conduct, he could immediatel­y lay a complaint against such investigat­ion officials, alleging some ground of criminal conduct (albeit justified or not) and thereby frustrate investigat­ion into himself.”

 ?? /File picture ?? Protection: Ipid and its head, Robert McBride, want a court order that bars police implicated in wrongdoing from becoming involved in investigat­ing Ipid officers who are investigat­ing them.
/File picture Protection: Ipid and its head, Robert McBride, want a court order that bars police implicated in wrongdoing from becoming involved in investigat­ing Ipid officers who are investigat­ing them.

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