The Herald (South Africa)

Ipid, protector lock horns over report

- Karyn Maughan

The Independen­t Police Investigat­ive Directorat­e (Ipid) will challenge the public protector’s “one-sided and legally flawed” report on its appointmen­t of a cellphone expert to analyse death threats sent to investigat­ors.

Ipid’s lawyers notified public protector Busisiwe Mkhwebane in a letter last week of the impending court challenge on the basis of several alleged legal and procedural flaws.

It sought her assurance she would agree to an interim interdict staying the implementa­tion of her remedial action pending the outcome of the matter.

Mkhwebane’s spokespers­on, Oupa Segalwe, said the public protector had yet to be briefed on the police watchdog’s letter and had not yet determined if she would oppose the interim interdict sought.

Ipid is also accusing Mkhwebane of taking almost no account of its responses to her scathing preliminar­y findings against it and its former head, Robert McBride, one of 28 candidates vying to replace advocate Kevin Malunga as deputy public protector.

Similar allegation­s have been made by others who have had adverse findings made against them, such as public enterprise­s minister Pravin Gordhan and former land reform minister Gugile Nkwinti.

McBride has already said he will seek to review Mkhwebane’s report on the hiring and permanent appointmen­t of cellphone expert Theresa Botha as deputy director of the national specialise­d investigat­ion team.

Mkhwebane found Ipid had engaged in procuremen­t irregulari­ties and maladminis­tration when appointing Botha.

The challenges to Mkhwebane’s report come while the protector is facing a credibilit­y crisis after numerous adverse findings against her in court.

In the letter to Mkhwebane, Ipid lawyer Jac Marais said during the course of the public protector’s investigat­ions, Ipid had explained to the investigat­ive team why the draft findings were wrong and that the submission­s were supported by credible evidence.

The protector, however, did not address many of the explanatio­ns and pieces of evidence.

“It is inadequate and unlawful that the public protector does not consider and evaluate each credible submission and each piece of evidence that was tendered with the aim to combat the preliminar­y findings,” Marais said.

The death threats at the centre of the saga were allegedly made in late 2016, when Ipid was investigat­ing former national police commission­er Khomotso Phahlane for fraud and corruption, and tensions between the police service and the directorat­e were high.

Ipid has been engaged in a bitter war with some members of the police crime intelligen­ce unit whom it accuses of threatenin­g, harassing and seeking to intimidate investigat­ors who were probing Phahlane.

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