Business Day

Nxele’s prisons case a test of resolve

• KwaZulu-Natal prisons boss faces several accusation­s after SIU probe

- Karyn Maughan

KwaZulu-Natal prisons head Mnikelwa Nxele is at the centre of a number of accusation­s of tender-rigging, moneylaund­ering and possible corruption contained in a Special Investigat­ing Unit probe. Yet the correction­al services department has spent more than a year struggling to ensure he faces a lawful disciplina­ry inquiry into the allegation­s against him.

KwaZulu-Natal prisons head Mnikelwa Nxele is at the centre of a number of accusation­s of tender-rigging, money laundering and possible corruption after a Special Investigat­ing Unit (SIU) probe. Yet the department of correction­al services has spent more than a year struggling to ensure that he faces a lawful disciplina­ry inquiry.

Nxele, a colourful personalit­y who has dominated headlines for years, was fired in 2019 after an independen­t inquiry found him guilty of gross insubordin­ation. But newly appointed justice & correction­al services minister Ronald Lamola took the unusual decision to reverse Nxele’s dismissal, apparently on the basis of a report by the Public Service Commission.

The department’s 2019 decisions to fire and reinstate Nxele, as well as his campaign against the disciplina­ry process subsequent­ly launched against him based on the SIU investigat­ion into prison tender irregulari­ties, raises serious questions about the department’s ability to take action against officials implicated in wrongdoing.

Nxele has successful­ly challenged the legality of his suspension — a victory the department is fighting to appeal against.

The Financial Intelligen­ce Centre and the SIU have raised red flags over Nxele’s R16m deposits and R13m withdrawal­s from local casinos, and his alleged failure to declare three properties— valued at R3.5m that he allegedly paid for in cash over 18 months — to the department.

The SIU also found Nxele had not declared the multimilli­onrand income he had received through his gambling activities. According to the SIU, “the frequency of this benefit may well be tantamount to a remunerati­ve income”.

Nxele insists these issues are unrelated to what the SIU was mandated to investigat­e.

The department’s own investigat­ion reveals that Nxele did not respond to opportunit­ies for him to answer to the allegation­s against him and did not pitch up for a prearrange­d interview.

It appears that the department is now trying to tackle the impression that it cannot stamp out corruption within its ranks, and doing so as a matter of urgency. And it is willing to use Nxele’s case as an example.

In his address to parliament on Monday, Lamola conceded that the department of correction­al services had “been subject to several high-profile investigat­ions over maladminis­tration and corruption” which had “harmed its image”.

“We are, therefore, committed to reverse this by following through on relevant SIU resolution­s and ensuring that consequenc­e management is implemente­d throughout the system,” Lamola said.

Echoing the words of national director of public prosecutio­ns Shamila Batohi when she was first appointed, Lamola added: “Impunity breaks down public trust and we are clear in our resolve that an ethical state is founded on consequenc­e management.”

In this light, the legal saga about the department’s unresolved case against Nxele and the fact that he has been suspended on full pay for more than a year is, at the least, embarrassi­ng for Lamola.

At the time of his firing in 2019, the department of correction­al services was quick to stress that Nxele had not been axed over any of the damaging claims made against him by former Bosasa COO Angelo Agrizzi, who testified that senior prisons official had received monthly bribes of R57,000 from the corruption-accused facilities management company.

Agrizzi told the commission of inquiry into state capture chaired by deputy chief justice Raymond Zondo that he had personally handed R57,000 to Nxele at the InterConti­nental hotel at OR Tambo Internatio­nal Airport in Johannesbu­rg. “He said he was unhappy with the amount that was paid to him and that he would convey this dissatisfa­ction to [recently deceased Bosasa CEO] Gavin Watson,” Agrizzi said.

While Nxele has publicly stated that he wished to crossexami­ne Agrizzi about these claims, Business Day was unable to independen­tly confirm that he had applied to do so.

Just months after Nxele was reinstated by Lamola and returned to his position as KwaZulu-Natal correction­al services commission­er, he was suspended again, this time over the allegation­s made against him in the SIU’s investigat­ion of his department’s procuremen­t of “perishable provisions, food, toiletries, catering, marquee fire and coal”.

IMPUNITY BREAKS DOWN PUBLIC TRUST AND WE ARE CLEAR IN OUR RESOLVE THAT AN ETHICAL STATE IS FOUNDED ON CONSEQUENC­E MANAGEMENT

The 20 multimilli­on-rand tenders under investigat­ion were awarded between 2012 and 2018. While he insists his cases are driven by his legitimate demand for a fair and equitable inquiry process, they have also allowed him to avoid responding to the accusation­s. That is damaging to both him and the department itself.

If findings and recommenda­tions made by the SIU can be left indefinite­ly unresolved because of legally questionab­le disciplina­ry processes, there is no hope that Nxele will ever provide his side of the story on the allegation­s made against him. Nor can he be held accountabl­e, if he fails to adequately explain what he did and why he did it.

That is a sure-fire recipe for impunity.

 ?? Clausen ?? Great escape: KwaZulu-Natal correction­al services head of prisons Mnikelwa Nxele, right, shakes the hand of his friend Sibusiso Nhlangothi after the Labour Court in Durban had lifted his suspension in 2016./Jackie
Clausen Great escape: KwaZulu-Natal correction­al services head of prisons Mnikelwa Nxele, right, shakes the hand of his friend Sibusiso Nhlangothi after the Labour Court in Durban had lifted his suspension in 2016./Jackie

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