‘Political hits probe must start’
Police must investigate the killings in KZN whatever the commission finds, says Moerane
POLICE should not wait for the commission of inquiry’s findings to start an investigation into political killings, says advocate Marumo Moerane who recently handed over the recommendations of the Moerane Commission to Kwazulunatal Premier Willies Mchunu.
The commission was tasked in 2016 with finding the underlying causes of political violence in Kwazulu-natal. Moerane said the final 424-page report contained specific recommendations arising from the evidence given by more than 60 witnesses.
However, Moerane said that although his function as chairperson of the commission was over and the “ball is now in the premier and his executive’s court”, as a private citizen “who knows a bit about the law” he had some direction to share.
“At the outset may I state that it is the constitutionally prescribed duty of the police service to prevent, combat and investigate all crime, including murder and attempted murder,” he said.
Moerane said it was also the police’s constitutional responsibility to maintain public order, to protect and secure the inhabitants of the Republic and their property and to maintain and enforce the law.
“Nothing and no one may prevent, obstruct or interfere with the police in the execution of the said duties and responsibilities. In particular, a commission of enquiry cannot suspend policing functions.
“Neither can it suspend the responsibilities of the national and provincial authorities that have oversight over policing functions. I am certain that those responsible for policing in the Republic, in general, and in Kwazulu-natal, in particular, are acutely aware of their responsibilities,” said.
He said the commission was set up in 2016 because of “worrying levels of violence in the province which have since not abated”. It’s mandate was to investigate political violence and killings in the province dating back to 2011.
On Tuesday, the commission handed over its final report to Mchunu and the provincial cabinet, but legislation that governs commissions of enquiry make provision for a process to be followed before a commission report is released to the public.
In terms of the province’s Commissions Act, the premier must submit the final report, which has already been handed to him, to the Provincial Legislature not later than 21 days after a report of a commission of inquiry has been presented.
Thereafter, the relevant portfolio committee of the Provincial Legislature must make its decision within stipulated timeframes and provide formal comment or input in writing, through the speaker of the legislature, to the premier. The premier must then, within 21 working days of receiving the written comment or input, release the report of the commission to the public. Moerane
The release is done together with an indication by the premier whether, and to what extent, the recommendations of the commission will be implemented, said Moerane.
Acknowledging the urgency of the situation in the province, Moerane said he was confident that Mchunu and his cabinet would address the issues raised immediately.
Crime and violence expert Gareth Newham from the Institute of Security Studies shared the sentiments of Kwazulunatal violence monitor Mary de Haas, who emphasised there was no reason for police to wait on the findings of the report to act on the killings.
De Haas called for a “proper investigative team” to be established to solve political murders.
“There needs to be a handpicked team of officers from across the country who have good track records and who have produced high court convictions. The provincial team have not been good, to say the least. The crux of the problem is getting competent people on the job,” said De Haas.
Newham said the implementing of the recommendations in the report would come down to the will of political leadership and the police to follow through with the recommendations.
He said the report would include ways of how to deal with such challenges in the police.
“Police should already have their intelligence agencies involved and working proactively on these cases. They certainly don’t need a commission to act,” Newham said.
He warned commissions of enquiry could be established as a way to delay action, but in this case, Newham believes the premier will not sit on the findings for too long as political instability rises in the build-up to the 2019 elections.