Ipid challenges Public Protector Busisiwe Mkhwebane report in High Court
Johannesburg - Senior officials of the Independent Police Investigative Directorate (Ipid), including former executive director Robert McBride, have asked the North Gauteng High Court to interdict the implementation of the Public Protector’s remedial action on Ipid.
Ipid national head of investigation Matthews Sesoko filed papers in the High Court in Pretoria asking the court to interdict Public Protector Adv Busisiwe Mkhwebane’s report on the alleged procurement irregularities and unlawful appointments - a report Mkhwebane published last month.
In her report following a complaint lodged by Cedrick Mthokozisi Dube in June last year, Mkhwebane found that Ipid unlawfully appointed Theresa Botha as a deputy director saying the unit had changed and manipulated the requirements of the post in order to suit Botha.
“As a result, the complainant and other qualifying qualifying candidates were disadvantaged and prejudiced by this maladministration and nepotism,” Mkhwebane said.
She also found that Ipid had improperly followed procurement processes when it appointed Fidelity Security Services to provide the services of an investigative analyst for the interpretation of cellular and other data in criminal investigations.
She ordered that remedial action should be implemented by October 28 this year.
However, Sesoko filed papers in the High Court in Pretoria on an urgent basis on Tuesday asking the court to interdict the entire report pending a judicial review.
He said he was filing the papers on behalf of all officials of IPID including McBride. Sesoko argued that Ipid supply chain management processes makes permits Ipid to procure goods and services without a competitive bid. “If it is impractical to do so saying the supply chain management states that IPID may dispense with the need for competitive bids in order to avoid dangerous or risky situation or misery,” Sesoko said.
According to Sesoko, Mkhwebane’s report concluded that the threats were not sufficient to warrant emergency procurement.
He also denied allegations that the appointment of Botha was unlawful saying the job requirement of that post was a minimum Grade 12 certificate an experience in data analysis.
Sesoko has given Mkhwebane until Thursday to file papers if she intends to oppose their urgent application.