Busi’s new fight
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.
– siphom@citizen.co.za.
It is plainly irrational, unreasonbale and unlawful