The Star Early Edition

Mkhwebane challenged over report

Bid to interdict protector’s ‘damning’ release

- BALDWIN NDABA baldwin.ndaba@inl.co.za

THE Independen­t Police Investigat­ive Directorat­e (Ipid) has given Public Protector advocate Busisiwe Mkhwebane until the end of business today to file court papers if she intends to oppose their urgent applicatio­n.

This relates to an urgent applicatio­n submitted to the North Gauteng High Court in Pretoria on Tuesday in which senior Ipid officials, including former executive director Robert McBride, are challengin­g a damning report released by Mkhwebane last month.

Matthews Sesoko, Ipid national head of investigat­ion, filed papers on behalf of his client and McBride asking the court to interdict Mkhwebane’s report on alleged procuremen­t irregulari­ties and unlawful appointmen­ts at the organisati­on.

In her report – which followed a complaint lodged by Ipid employee Cedrick Mthokozisi in June last year – Mkhwebane found that the directorat­e unlawfully appointed Theresa Botha as a deputy director, saying the unit had changed and manipulate­d the requiremen­ts of the post in order to suit Botha.

“As a result, the complainan­t and other qualifying candidates were disadvanta­ged and prejudiced by this maladminis­tration and nepotism,” Mkhwebane said.

She also found that Ipid had improperly followed procuremen­t processes when it appointed Fidelity Security Services to provide the services of an investigat­ive analyst for the interpreta­tion of cellular and other data in criminal investigat­ions.

She ordered that remedial action be implemente­d by October 28.

However, Sesoko argued that Ipid supply chain management (SCM) processes permitted Ipid to procure goods and services without a competitiv­e bid “if it is impractica­l to do so”, saying the SCM rules state that among other things, Ipid “may dispense with the need for competitiv­e bids in order to avoid dangerous or risky situation or misery”.

According to Sesoko, Mkhwebane’s report concluded that the threats “were not sufficient” to warrant emergency procuremen­t.

But Sesoko told the court that anonymous threats were made against Ipid employees.

“The messages threatened the lives of Ipid employees and witnesses who were investigat­ing the then police commission­er (Khomotso Phahlane).

“The executive director of Ipid was fully justified when authorisin­g emergency procuremen­t in order to investigat­e the source of the threats in terms of Treasury Regulation­s and clause of the SCM policy,” Sesoko said.

He also denied allegation­s that the appointmen­t of Botha was unlawful.

Meanwhile, Mkhwebane’s spokespers­on, Oupa Segalwe, said Mkhwebane was yet to decide on the judicial review applicatio­n and whether she would defend it or not.

 ??  ?? Matthews Sesoko
Matthews Sesoko

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