Phiyega must get Selebi to pay up

National Police Commissioner Mangwashi Phiyega is reportedly still "applying her mind on the process" to recoup the more than R17 million in legal fees still owed to the state by Jackie Selebi. 

It is not enough to apply her mind: she needs to act. The Treasury Regulations are crystal clear:

12.7.1 Losses or damages suffered by an institution because of an act committed or omitted by an official, must be recovered from such an official if that official is liable in law.

12.7.2 The accounting officer must determine the amount of the loss or damage and, in writing, request that official to pay the amount within 30 days or in reasonable instalments. If the official fails to comply with the request, the matter must be handed to the State Attorney for the recovery of the loss or damage.

This raises the question as to whether or not this matter has been handed to the State Attorney's office as per the regulations or is the National Police Commissioner in breach?

It has been almost a year since the disgraced former police commissioner lost his appeal to have his fraud conviction overturned. Since then he has owed the state R17 million in legal fees. Added to this, he still receives a state pension and medical aid.  

Selebi only spent 229 days in prison and the Minister of Police and his now-disgraced successor failed to reclaim this vast sum from their ANC colleague in this time.  It is time for Phiyega to get her mind around this problem and start taking steps to recover the money.

R17 million could pay the salaries of more than 200 police constables for a year. 

The utterly disgraceful Selebi saga seriously eroded both international and local confidence in the SAPS and continues to do so by the failure of first his successor, and after Cele's axing, the new national police commissioner, who has failed to act decisively to recover his legal fees. The money owed by Selebi should go back into the SAPS financial pool to allow for more officers on the streets, or to provide vehicles at stations, or bullet proof vests where there are none, or running water, electricity and toilets where stations have none. This money could provide much needed crime-fighting resources to those men and women whom he embarrassed. 

I will be writing to the current National Police Commissioner today to clarify what exactly the process is to recover Selebi's legal fees, when we can expect her to conclude the process of applying her mind and progressing to action on this matter.

Selebi both disgraced and embarrassed South Africa and the honest, hard-working men and women of the South African Police Service. He must pay up.

Statement issued by Dianne Kohler Barnard MP, DA Shadow Minister of Police, July 30 2012

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