Judicial Commission of Inquiry needed into chaos at Police Ministry
12 May 2015
The DA will today write to President Jacob Zuma requesting that he immediately institute a Judicial Commission of Inquiry into the complete mess that has gripped the Police Ministry for months.
President Zuma is empowered to do so in terms of Section 84(2)(f) of the Constitution if we are to arrest the continuing decay in our criminal justice system.
This comes after today’s Police Portfolio Committee (PPC) in Parliament at which the Police Minister, Nathi Nhleko, presented the Werksman report into the rendition of Zimbabweans in 2010 and the Independent Police Investigative Directorate (IPID) report into the matter. Additionally the Minister appeared before the Committee to brief it on the rationale of the suspension of the IPID Executive Director as part of the presentation.
Minister Nhleko, reading from the recommendations in the 73-page Werksman report, told the Committee that criminal charges of “contravention of Immigration, kidnapping, defeating the ends of justice or obstructing the administration of justice” should be brought against the departed Hawks boss, Anwa Dramat, suspended Gauteng Hawks head, Shadrack Sibiya and, by extension, the Executive Director of the IPID, Robert McBride, for allegedly doctoring the final report.
This latest development is deeply problematic and adds to the chaos already engulfing the Police Ministry. There are several documents that have emanated from this debacle and they all do not speak to each other. It is therefore critical that Mr Zuma heeds this call and institutes a Judicial Commission of Inquiry headed up by a fair and impartial jurist who is committed to getting the full truth of the extent of corruption in our criminal justice system.
Additionally, whether or not the allegations made in the Werksman report are true, it must never be forgotten that the Police Minister acted outside his authority by contravening a Constitutional Court order prohibiting him from suspending Lieuftenant-General Dramat on 24 December last year and installing an illegitimate acting Hawks head, Berning Ntlemeza, who must himself be subject of a judicial probe.
His comments in the PPC were extremely troublesome as he spoke disparagingly of court decisions. It seems if he loses in court, as he does regularly, he feels he has the right to simply ignore court rulings. As he did with both Dramat and unlawfully appointed Acting Head of the Hawks Ntlemeza. He also refused to state the cost of the Werksman report – drawn up by a private law firm at his request.
In an effort to get to the bottom of this matter it is imperative that this Judicial Commission of Inquiry includes in the terms of reference the following:
- The Minister of Police, Nathi Nhleko.
- Acting Head of the Hawks, Berning Ntlemeza;
- IPID Executive Director, Robert McBride;
- Former Hawks Boss, Anwa Dramat;
- Gauteng Hawks boss, Shadrack Sibiya; and
- The interim IPID report, the final IPID report and the Werksman report.
It is critically important that the Commission be appraised of all the individuals and documents pertaining to this matter so that it can fully and credibly make its recommendations on how to rebuild integrity and independence at these critical crime fighting bodies moving forward, and determine why Dramat wasn’t charged and arrested rather than given a golden handshake to force him to go quietly.
This is vital that these institutions are repaired in order to fulfil their constitutional mandate to keep South Africans safe and ensure that all in this land are equal before the law and subject to it.
The President simply cannot allow this rot to persist in the Police Ministry and must back the call for an independent judicial commission that will take into account all the relevant details of this debacle so that law and order can be restored.
Statement issued by Dianne Kohler Barnard MP, DA Shadow Minister of Police, May 12 2015
