Busi’s new fight


The Citizen (Gauteng) - - FRONT PAGE - Sipho Mabena [email protected]­i­zen.co.za.

Un­der-fire Pub­lic Pro­tec­tor Bu­sisiwe Mkhwe­bane is again a tar­get, with ex-In­de­pen­dent Po­lice In­ves­tiga­tive Direc­torate boss Robert McBride and oth­ers rub­bish­ing her re­port into al­leged mal­prac­tice at the po­lice watch­dog.

High court has been ap­proached to set aside find­ings of al­leged mal­prac­tice at po­lice watch­dog.

For­mer In­de­pen­dent Po­lice In­ves­tiga­tive Direc­torate (Ipid) boss Robert McBride and se­nior man­agers at the po­lice watch­dog have slammed Pub­lic Pro­tec­tor Bu­sisiwe Mkhwe­bane’s re­port crit­i­cis­ing them, de­scrib­ing it as rid­dled with in­ac­cu­ra­cies, il­log­i­cal con­clu­sions and er­rors of law.

“It is plainly ir­ra­tional, un­rea­son­able and un­law­ful. The re­port is, there­fore, li­able to be re­viewed and set aside on mul­ti­ple grounds,” Ipid’s head of in­ves­ti­ga­tion, Mathew Se­soko, said in his af­fi­davit filed in court on Tues­day.

In an af­fi­davit de­posed on be­half of the other ap­pli­cants, Se­soko charged that Mkhwe­bane’s re­port was hard to read and that they had rea­son to be­lieve it was bi­ased.

McBride, Se­soko and oth­ers have ap­proached the High Court in Pre­to­ria for an ur­gent or­der set­ting aside the pub­lic pro­tec­tors’ find­ings and re­me­dial ac­tion against McBride and his for­mer sub­or­di­nates.

In her re­port re­leased last month, Mkhwe­bane rec­om­mended that the Ipid ex­ec­u­tive di­rec­tor takes ac­tion against the se­nior man­agers within 30 days of the re­port.

She called for an in­ves­ti­ga­tion and the re­cov­ery of ir­reg­u­lar, unau­tho­rised, fruit­less and waste­ful ex­pen­di­ture in­curred.

She found that the al­le­ga­tions of ir­reg­u­lar­i­ties in the pro­cure­ment of a foren­sic an­a­lyst to probe anony­mous threats to staff, the re­cruit­ment of Thereza Botha as a deputy di­rec­tor and the al­leged tar­get­ing of a whistle­blower were sub­stan­ti­ated.

Mkhwe­bane also or­dered that these trans­gres­sions be re­ported to Trea­sury and the ir­reg­u­lar ap­point­ment of Botha be re­ported to the po­lice min­is­ter to ini­ti­ate a ju­di­cial re­view to set aside her ap­point­ment.

But the ap­pli­cants, all im­pli­cated in the re­port, would have none of it and want the find­ings and re­me­dial ac­tion to be re­viewed and set aside on mul­ti­ple grounds.

Se­soko sub­mits that the re­me­dial ac­tions threaten their per­sonal and pro­fes­sional in­ter­ests, ar­gu­ing that it was in­ad­e­quate and un­law­ful that Mkhwe­bane did not con­sider and eval­u­ate all their sub­mis­sions and ev­i­dence.

He said it was ir­ra­tional for Mkhwe­bane to con­clude that McBride’s emer­gency pro­cure­ment of an an­a­lyst to probe the threats was un­jus­ti­fied.

Se­soko said anony­mous threats were made to Ipid of­fi­cials in­ves­ti­gat­ing then act­ing po­lice com­mis­sioner Lt-Gen Kho­motso Phahlane.

He said that McBride “was jus­ti­fied to au­tho­rise emer­gency pro­cure­ment” of the foren­sic an­a­lyst to probe, say­ing it was ir­ra­tional that Mkhwe­bane found the threats were sen­sa­tion­alised.

He also dis­agreed with Mkhwe­bane’s find­ings that Botha’s ap­point­ment in Oc­to­ber 2017 did not fol­low re­cruit­ment pre­scripts, was ir­reg­u­lar and amounted to ir­reg­u­lar, fruit­less and waste­ful ex­pen­di­ture.

Mkhwe­bane ruled that Botha was un­qual­i­fied for the po­si­tion and that it was cre­ated for her, but Se­soko ar­gues this is not true and that Mkhwe­bane failed to dis­close ev­i­dence she based her find­ings on.

He said the re­port is tainted with bias and ul­te­rior mo­tives, due to the in­volve­ment of the for­mer col­league of one of the com­plainants in the in­ves­ti­ga­tion.

Se­soko also re­vealed that the com­plainant, Cedric Nk­abinde, was ap­pointed in 2016 by McBride as mem­ber of Ipid’s spe­cial task team set up to probe Phahlane. –

It is plainly ir­ra­tional, un­rea­son­bale and un­law­ful

Pic­tures: Gallo Images


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