Top cop plan rejected by state
THE government has rejected suggestions contained in the National Development Plan (NDP) to change the process of appointing the national police commissioner, published policy proposals on reforms to the police service show.
The 2015 White Paper on Police, which contains several proposals on reforming the police service based on the NDP, was last week published with an omission of the NDP’s proposal on the appointment of the national commissioner.
In its chapter on policing and safety and security, the NDP proposes that the appointment of the national commissioner of police and deputy commissioners should be done on a competitive basis.
It proposes the establishment of a selection panel to interview candidates for the position “against objective criteria”, and then make recommendations to the president on who to appoint.
“This would enhance the incumbents’ standing in the eyes of the community and increase the respect accorded them by their peers and subordinates,” the NDP states.
While most proposed reforms of the SAPS from the NDP have been taken on board and are contained in the White Paper, this recommendation on the appointment of the police commissioner appears to have been rejected, with no reference to it in the most recent policy proposal.
The president has the prerogative to appoint the national commissioner without a process similar to the one suggested by the NDP.
The appointment has proved controversial over the past decade, with the last two commissioners failing to finish their terms in office.
The late former national police commissioner, Jackie Selebi – appointed by former president Thabo Mbeki – was removed from office after he was convicted and jailed for corruption.
His successor Bheki Cele – who is the Deputy Minister of Agriculture, Forestry and Fisheries – was fired after a commission of inquiry found he was not fit to hold that office.
He is fighting that decision in court, but he was removed after he was implicated in a R1 billion tender scandal that saw the contract to lease buildings for the SAPS awarded to businessman Roux Shabangu without following supply chain processes.
Police commissioner Riah Phiyega is facing an investigation by a “reference group” established by Police Minister Nkosinathi Nhleko into her management of the police.
Phiyega is facing scrutiny over her role and that of the police during the Marikana shooting that resulted in the death of 34 striking miners two years ago. Adverse findings in either or both processes could force the president to make a decision about her future as top cop.
Nhleko’s spokesman Musa Zondi argued this week that the White Paper was not a review of the SA Police Service Act, and that those commenting could suggest the re-introduction of the NDP’s suggestion.
“Indeed the White Paper is silent in the matter. Section 207 (1) of the constitution speaks to the appointment of the national commissioner and we have no interest in altering the constitution. The constitution does not make reference to a panel and indicates the responsibilities of management clearly in section 207.
The White Paper was open for comment, he said, and the public could formally express their wishes if they wanted the constitution altered.
The Institute for Security Studies’ Johan Burger said the entity supported the recommendations made in the NDP about the appointment of the national police commissioner.
mogomotsi.magome@inl.co .za