Public Protector must investigate Crime Intelligence - Kohler Barnard

Public Protector must investigate Crime Intelligence - Kohler Barnard
Dianne Kohler Barnard
19 March 2012


DA MP says unit has become a battleground in ANC's factional skirmishes ahead of Mangaung


Public Protector must probe Mdluli and Inspector General of Intelligence

I will today be writing to the Public Protector to request that her office investigates the ongoing saga at the Police Crime Intelligence Unit. The unit has become a battleground for the ANC's factional political skirmishes in the run-up to the party's elective conference in Mangaung later this year.

Reports in the City Press this weekend indicate that suspended Crime Intelligence boss Richard Mdluli "stands accused of rampant looting" of the unit (see here). Despite this, the Hawks, having exposed the rot in the unit, were recently told to suspend all investigations into Mdluli, and other crime intelligence fraud and corruption.

This follows on the back of murder and fraud charges against Mdluli having been withdrawn in what increasingly looks like attempts by senior politicians and securocrats to secure Mdluli's return as National Police Commissioner. Mdluli allegedly has President Zuma's sympathy and support due to his instrumental role in exposing attempts by senior ANC members trying to topple the President.

Reports this weekend outlined the extent of Mdluli's "alleged reign of plunder" in the unit since his appointment by President Zuma's Cabinet in 2009. This is contained in a classified police report compiled by senior crime intelligence Majors General Chris de Kock and Mark Hankel, detailing what the Hawks had found and were investigating.

According to the City Press, the document reveals:


Mdluli's family members were appointed to the crime intelligence agent programme without performing any undercover operations.
Mdluli allegedly abused covert state vehicles to which he was not entitled.
A crime intelligence whistle-blower was abducted by other crime intelligence operatives.
A "prominent person" from KwaZulu-Natal was allegedly placed in crime intelligence to influence suspended police boss Bheki Cele.
Mdluli "abused" a travel agent in Durban, with he and his family travelling more than 50 times on the state's cost.
Various safe houses were rented by the police for the sole use of Mdluli and his family.
Mdluli had a "constant need for cash".
Two journalists were allegedly paid - one R100 000 to write a positive story about the police and the other R50 000 not to publish a story about a senior cop.
Evidence was uncovered from which it appears that crime intelligence "sought to influence political processes in KwaZulu-Natal through the deployment of a select few covert intelligence fieldworkers" in the province. This included "buying influence and access".

The report was apparently submitted to the Inspector General of Intelligence (IGI), Advocate Faith Radebe, in November last year and urges that Radebe "act now on this matter rather than later" because there was allegedly a "concerted effort from within crime intelligence ... to derail the probe".

The Public Protector should therefore not only investigate the conduct of Richard Mdluli but also the failure of the IGI to fulfil her constitutional and statutory responsibilities in terms of intelligence oversight. Additionally, the potential political interference that lead to the Hawks dropping their investigation must also be investigated by an adequately independent institution.

The Public Protector, in terms of section 6(4)(a) of the Public Protector Act, is empowered to investigate maladministration in connection with the affairs of government at any level as well as abuse or unjustifiable exercise of power or unfair, capricious or other improper conduct or undue delay by a person performing a public function.

A full investigation must be carried out into both Mdluli's conduct, and the failure of the Inspector General of Intelligence to adequately arrest the ongoing political abuse of state security services for factional purposes. The South African people deserve to know the truth.

Statement issued by Dianne Kohler Barnard MP, DA Shadow Minister of Police, March 19 2012