The controversy surrounding the City’s Safety and Security investigations Unit (SSIU) is far from over, with no indication from relevant authorities who should take responsibility for its alleged illegality.
Despite Police Minister Bheki Cele acknowledging in March that the unit was not established in terms of the Police Act, the Ministry said this week it was still looking into whether the unit operated legally and its operations and mandate did not infringe the law.
The Weekend Argus was also told that a legal team from the Special Investigating Unit met with Premier Alan Winde and MEC for Police Oversight and Community Safety, Reagen Allen, over the SSIU.
Spokesperson for the Justice Minister, Chrispin Phiri said the meeting also discussed concerns over the use of the name "Special Investigation Unit".
“The matter falls within Cele’s ambit,” said Phiri.
However, no authority would say whether or not it would be disbanded.
The department of Policing Oversight and Community Safety, that plays an oversight role over the City's safety and security operations and funds the Law Enforcement Advanced Plan (LEAP) programme said it was "not within Allen or Winde’s powers to order a disbandment of the controversial unit.
Previously GOOD Party Member of Parliament Brett Herron first raised concerns over the role of the City’s SSIU in investigating organised crime, and what Cele planned to do to “reign in rogue policing structures” conducting unlawful investigations.
In response, Cele said the SSIU had not been established in terms of the Police Act.
Herron claimed that he had seen evidence that the unit was also gathering intelligence on some of the most infamous names in organised crime. The Police Act dictates that Organised Crime is either investigated by the Hawks or the SAPS and that crime intelligence is a function of the SAPS.The unit is headed by a former policeman, Reynold Talmakkies, who is facing charges of docket tampering in Mpumalanga and of fraud and corruption in Cape Town.
The City is paying Talmakkies’ legal fees related to the fraud and corruption charges. “The SSIU is but one of a number of well-equipped specialised units reporting to Smith (Mayco member for Safety and Security, JP Smith),” Herron said.
He also wrote an open letter to Mayor Geordin Hill-Lewis requesting him to close down the unit.
In the letter, Herron said: “Talmakkies’ son was recently arrested for the second time this year in connection with alleged gang activities and is allegedly a member of the Junky Funky gang.
“Organised crime flourishes where gangsters and criminal networks have protection within law-enforcement structures.
“A rogue policing unit unaccountable to the country’s legal law-enforcement structures, and acting without lawful powers, was not the answer to developing safer communities,” Herron said.
He also noted the recovery of a stolen firearm belonging to a member of the SSIU in the ceiling of “the home of one of Talmakkies’ former colleagues”.
“This colleague, evidently committed suicide just before Christmas last year on the eve of Talmakkies’ appearance in court, in Cape Town.”
The colleague allegedly committed suicide by shooting himself twice with his own service pistol, while on leave.
“This is peculiar in itself, because firearms should be handed in for safekeeping when officers are off-duty,” Herron said.
The City has yet to indicate whether or when the SSIU would be disbanded.
Hill-Lewis said the SSIU conducted activities “within its scope” that were related to gang activity and drug dealing in the City’s rental housing units. “In general, the City collates data and statistics on a daily basis to ensure all municipal law enforcement operations are evidence-led”, he said.
City Spokesperson Luthando Tyhalibongo said the police were investigating the death of the former SSIU member and the loss of the firearm, which was subsequently recovered.
He said the City’s funding of Talmakkies’ legal case was allegedly in line with its policies on employment relations.
“Should any wrongdoing be found, the City reserves the right to recover the full costs of legal representation, and to take any further action required in terms of the law,” he said.