SAPS concedes it acted unfairly in controversial crime intelligence case

The South African Police Service (SAPS) on Monday conceded at the start of the controversial crime intelligence lawsuit Solidarity has brought on behalf of Col Kobus Roos that it had acted unfairly against Roos. Lt-Gen Richard Mdluli, suspended Head of the Crime Intelligence Unit and the SAPS's key witness in the court case, did not show up in court despite having been subpoenaed to testify.

Roos had made a protected disclosure about wide-ranging corruption and plundering of secret police accounts, after which he had been harassed, victimised and transferred to another post where he finds himself idle and unable to continue his investigations. Johan Kruger, Solidarity spokesperson, says the SAPS's capitulation is contained in a formal document which was submitted to court. ‘Roos testified in court about the nature of the harassment and victimisation against him following his protected disclosure. In this instance too, the SAPS could not offer any rebutting evidence. In terms of the court document, Roos is given a choice of few positions on a similar level to be transferred to. The court also ordered the SAPS to pay Solidarity's legal costs in full. The court is yet to rule on the compensation Roos is entitled to.'

Kruger says that had Mdluli been in the witness stand, he would have been exposed to give evidence on the content of Col Roos's allegations made in the protected disclosure. ‘Therefore, it does not come as a surprise that Mdluli did not show up at court. Solidarity will now investigate the possibility of bringing the extensive evidence gathered in respect of this lawsuit to the Public Protector's attention.'

Col Roos, who has been in the employ of the SAPS for the past 26 years, is currently working in the Inspectorate and Evaluation Division of the Crime Intelligence Unit. This division has never been operational and is currently redundant. Roos was transferred to this division by Mdluli after he had disclosed allegations and proof of corruption within Crime Intelligence in a protected disclosure. Roos had previously acted as Head of Internal Audit of Crime Intelligence and, among other things, had been responsible for audits of the so-called account for secret services. Mdluli had appointed Roos to investigate this account, among others; he then stopped the investigation and subsequently transferred Roos to his current position.

Statement issued by Johan Kruger, Solidarity spokesperson, February 10 2014

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