Cele, Zuma truce on the cards

Bheki Cele and Jacob Zuma, meeting with station commanders.

Bheki Cele and Jacob Zuma, meeting with station commanders.

Published Nov 23, 2014

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Johannesburg - The protracted legal wrangling between President Jacob Zuma and former national police commissioner Bheki Cele over the latter’s dismissal seems destined for an amicable end.

Lawyers for Zuma and Cele, who is also the Deputy Minister of Agriculture and Fisheries, have been meeting to hammer out an an out-of-court settlement.

The settlement discussion follows an approach by Cele to the courts, in a move in which he wanted the findings of the Moloi Commisionof Inquiry, which Zuma used as a basis to fire him, set aside.

The president is the only respondent who has opposed Cele’s legal bid. Others, including Judge Jake Moloi, who chaired the inquiry, Police Minister Nathi Nhleko and National Police Commissioner Riah Phiyega have not filed papers to oppose Cele’s bid.

The Sunday Independent has seen a draft agreement. The settlement terms offered by Zuma include that both men commit to a cessation of hostilities for the sake of patriotism to the country.

“The applicant (Cele) and the sixth respondent (Zuma) acknowledge that, in the spirit of nation-building and a desire to work for the common good, the continued conduct of such litigation is neither in the interest of both parties…” reads the draft agreement, in part.

Presidential spokesman Mac Maharaj declined to comment yesterday, saying he would “not comment on matters that are before the courts”.

The agreement is a surprise about-turn by Zuma, who, in the last papers filed in court, defended his decision to fire Cele in June 2012 for authorising the SAPS to splurge over a billion rand on the leasing of the Middestad building in Pretoria and a Transnet building in Durban from businessman Roux Shabangu. This was after Public Protector Thuli Madonsela’s probe into the lease scandal found Cele unfit to hold public officel.

Cele had launched a court application in July 2012 to contest the findings of a report used to fire him from his job as national police commissioner.

The report was written by a board of inquiry led by Judge Moloi. The board found that Cele acted dishonestly and with an undeclared conflict of interest in relation to two police lease deals he signed.

Zuma’s decision to sack Cele, and the latter’s subsequent litigation, heralded months of a public spat between him and the president. Cele insisted that he wanted the report declared invalid and the recommendations declared irrational and invalid.

Cele said the report reflected “a lopsided” consideration of the evidence presented by the prosecuting team and less of the evidence led by the defence team.

Zuma insisted, through his legal adviser Boniswe Makhene, that Cele failed to make out a case for the review of the president’s decision to axe him.

Zuma said Cele and Shabangu acted in disregard of the SAPS’s needs and analysis.

“The applicant (Cele) agreed, against SAPS needs and analysis, to take all of Shabangu’s lettable space. If this was not favouring or pushing for Shabangu, it is hard to see what is,” Makhene stated on behalf of the president, in his answering affidavit.

But in the draft papers detailing the out-of-court agreement, the litigants agree on a new set of obligations.

In terms of the agreement, Zuma shall withdraw his opposition (to Cele’s court application) on the basis that he (Zuma) bears Cele’s costs.

The parties will also accept that the withdrawal of the application is caused by conduct of the board of enquiry’s failure to file opposing papers.

Cele could not be reached for comment on Saturday.

Sunday Independent

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