13/06/2012. Former police Commissioner Bheki Cele talks to the media about his firing and the court action he will be taking against Judge Molefe's findings. Picture: Masi Losi

Judge Jake Moloi is not opposing former national police commissioner Bheki Cele’s application to have the decision to fire him set aside. Judge Moloi led the board of inquiry convened by President Jacob Zuma to investigate allegations of improper and unlawful conduct against Cele in his conclusion of two leasing deals signed with businessman Roux Shabangu.

In court papers filed at the Pretoria High Court on July 27, Judge Moloi and other board members, advocate Terry Motau and advocate Anthea Platt, have indicated they would abide by the court’s decision.

“The first, second and third respondents will not oppose the application and will abide by the decision of the court,” the court document reads.

Cele was fired recently after a board of inquiry set up by Zuma last year found that he was unfit to hold office and recommended his removal from office.

The inquiry was set up to investigate whether Cele had acted corruptly, dishonestly, or with an undeclared conflict of interest in relation to two police lease deals signed with Shabangu - one for a building in Pretoria and another in Durban.

After Zuma fired Cele, Cele launched an application asking the court to set aside his dismissal and establish a complete review of Judge Moloi’s report, its findings and recommendations.

Commenting on Judge Moloi’s decision not to oppose the application on Wednesday Cele’s spokesman, Vuyo Mkhize, said: “We are not surprised because we have always contended that the report is fatally flawed.”

Judge Moloi refused to comment.

Cele lambasted the board of inquiry that recommended his axing, describing it as biased.

Zuma and five other respondents, including Police Minister Nathi Mthethwa and new national police commissioner Riah Phiyega, are opposing Cele’s application but have asked for an extension until August 13 to file their papers, Mkhize said.

Mkhize said no further extension would be granted. He said the hearing would go ahead next Friday.

“It is up to the court to decide if there is any valid reason for an extension to be granted,” Mkhize added.

He said Cele was given only three days to make his representations regarding the board's findings.

“We have already given them three weeks,” Mkhize said. - The Star

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