Court clears Bheki Cele

Popcru says ruling points to problems in criminal justice cluster

A COSATU affiliate believes the decision to throw out the report that former president Jacob Zuma used to fire Police Minister Bheki Cele as national police commissioner poses a challenge to the criminal justice cluster.

Cele scored a major victory over Zuma yesterday when the North Gauteng High Court set aside the report used to kick him out as commissioner in 2012.

The Police and Prisons Civil Rights Union (Popcru) said the judgment pointed to a deficiency in the criminal justice cluster as several officials were suspended or fired on the basis of reports that were later found to be problematic.

Popcru spokesperson Richard Mamabolo told Independent Media that the matter needed to be observed closely as it created a situation in which people’s reputations were tarnished.

The court yesterday reviewed and set aside the report by a board of inquiry chaired by the late former Free State High Court Judge Jake Moloi, which was established by Zuma in November 2011.

The court also reviewed and set aside the inquiry’s findings, conclusions and recommendations.

Zuma used the report to fire Cele in 2012.

”Without reinstating the applicant (Cele) into his position as the national commissioner, the decision by the sixth respondent (Zuma) contained in the letter dated June 5, 2012 discharging the applicant as the national commissioner of police is declared to be invalid and of no force and effect,” reads the high court order.

Cele said he felt vindicated by the decision.

“The fight against crime continues, and I remain even more committed to working with the police to combat, prevent and investigate crime in our country, creating a safe and secure South Africa where all the inhabitants feel safe.

“I’d also like to convey my appreciation to ordinary South Africans and the legal team who have been pillars of strength during the seven-year court debacle to clear my name,” he said.

After he was fired by Zuma, Cele launched two court cases, the first being the administrative action against the board and the second the executive action by the former president to discharge him.

He said Zuma had relied on the board’s findings and recommendations when he found him unfit to be national police commissioner.

Cele has over the years maintained that the board’s specific findings, conclusions and recommendations in relation to the procurement of building leases for police head offices in Tshwane and KwaZulu-Natal were irrational, biased, lacked credence and defied logic.

The inquiry found that Cele had been “dishonest, in conflict of interest and in breach of the Public Finance Management Act of 1999” for signing lucrative leases with one of businessman Roux Shabangu’s companies.

Zuma’s spokesperson, Vukile Mathabela, could not be reached for comment.