Durban – With National Police Commissioner General Khehla Sitole’s future in his current role uncertain, he could be next on the long list of South Africa’s top cops who have not finished their terms in office.
This week, Police Minister Bheki Cele wrote to President Cyril Ramaphosa requesting that an inquiry be instituted into Sitole’s fitness to hold office.
A career cop of over 35 years, Sitole’s troubles began when the Pretoria High Court found in January that he and his two deputies were in breach of their duties for not providing and declassifying documents for the Independent Police Investigative Directorate (Ipid) to investigate allegations of fraud and corruption.
Sitole’s woes were compounded last week when the same court dismissed his application for leave to appeal the January judgment.
The basis of the court matter stems from the alleged attempt by Sitole and his officials to procure a ’grabber’ - an electronic device with the capability of intercepting phone calls and cellphone messages - for R45 million (despite these retailing at between R7 million to R10 million) ahead of the ANC’s 54th national conference in Nasrec, allegedly with the idea of influencing voting for the ruling party’s top leadership positions.
This week, Johan Burger of the Institute for Security Studies said an inquiry should be appointed only when the Cabinet has lost confidence in the commissioner’s ability to hold office.
“According to Section 8 of the South African Police Service Act of 1995, the president may appoint a board of inquiry consisting of a judge of the high court and two other suitable persons, when the national commissioner has lost the confidence of the Cabinet.
“There is no mention of a loss of confidence only by the Minister, although the Minister is a member of Cabinet, or even a loss of confidence by the president. It must be the Cabinet,” Burger said .
He said Ramaphosa, probably with Cele’s support, would have to convince the rest of the Cabinet to no longer have confidence in the national commissioner.
“There were of course reports in the media about the president requesting the minister to direct the national commissioner to provide the president with the declassified documents relating to the so-called ‘grabber’ and the reason why the high court passed such a ‘scathing’ judgment on the way Sitole and his two deputies managed that situation,” Burger said.
He said that this clearly indicated that Ramaphosa saw this as a serious attack by the high court on the credibility of the national commissioner and therefore obligating him as president to apply his mind whether he, and by implication, the Cabinet, should still have confidence in Sitole.
“It is unfortunate for him, Sitole, that his conduct in relation to the ‘grabber’ saga and the allegations that he acted dishonestly and deliberately obstructed a legitimate Ipid investigation will now probably force him to join the ranks of those who did not complete their term in office.
“And for the SAPS, if he should be removed, it will be another blot on their name and an embarrassing experience.
“This will certainly not assist the already big crisis in our police service and will only contribute to uncertainty and further turmoil,” Burger said.
Sitole was appointed national police commissioner in November 2017 by former president Jacob Zuma. He replaced Riah Phiyega, who was appointed to the position by Zuma in 2012 and axed in 2015.
Before Phiyega, Cele was appointed by Zuma to serve as commissioner between 2009 and 2011 but was suspended following corruption allegations while his predecessor, the late Jackie Selebi, was axed from the position amid corruption allegations. Selebi was later convicted and sentenced to 15 years in jail.
Political Bureau