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Dianne Kohler Barnard. Picture: Cindy Waxa.

The reintroduction of military ranks, the sharp spike in the number of cases of police brutality and deaths as result of police action in 2009/10 show that suspended police chief Bheki Cele is unfit to hold the position of national commissioner.

This submission, to the board of inquiry investigating allegations of misconduct against Cele, was made by DA MP Dianne Kohler Barnard, in an affidavit handed in at the Berea police station on Sunday.

Public hearings on the matter are expected to be held next month for any disclosure of information on the allegations against Cele.

Kohler Barnard questioned the control and management of the SAPS during Cele’s tenure.

She said Cele’s conduct was questionable in several instances including his instruction to SAPS members on December, 7, 2009, in Joburg, to “use deadly force”.

She felt this was contrary to the spirit of section 49 of the Criminal Procedure Act and the provisions of the constitution and the Bill of Rights.

Brutality

According to the MP, the potential link between this instruction, related comments on the use of force, the reintroduction of military ranks and the increase of incidents of police brutality was reflected in the dramatic rise of civil liability claims against the SAPS, which amounted to R11 billion for 2010/11 – R3.5bn increase from the previous year.

Regarding Cele’s alleged involvement in the improper procurement of the lease for SAPS offices in Pretoria and Durban, from businessman Roux Shabangu, she said the procurement was not cost effective and did not comply with the constitutional requirements of fairness, equitability and transparency.

Kohler Barnard submitted that the findings and recommendations in the public protector’s report on the lease deal showed that Cele was unfit to hold office.

She said a R3m home bought by Cele and an additional spending of R1.2m on a home gym and luxury furnishings as well as the increased irregular expenditure by the SAPS from R2.5m to R76m for the 2010/11 financial year, also pointed to why he should be removed from office.

Cele said he was glad the Pretoria hearings are finally getting under way and hoped the matter would be dealt with speedily.

Since his suspension, Cele has been drawing his full salary and benefits.