Burger ‘has ties to the Russian’

March 9 2012 at 10:22am Foto24 In this file photo from January 2010, Staal Burger (in front) carries the coffin, with former police members, at the funeral of former head of Brixton Murder and Robbery Unit, Main van der Linde. The Cape Times tracked down Burger, who is now living in Somserset West, this week. Caryn Dolley STAAL BURGER, the former leader of an apartheid-era hit squad and one-time head of the police’s notorious Brixton Murder and Robbery Unit, has resurfaced and is living in Cape Town. And two sources with links to the underworld have told the Cape Times that he has ties to Igor “the Russian” Russol, the best friend of slain bouncer kingpin Yuri Ulianitski, who is in custody on charges of extortion, intimidation and theft. When the Cape Times tracked him down this week, Burger – whose real name is Daniel Ferdinand du Toit Burger – said he was acquainted with Russol. “I’ve met him and I know him. I know he had clubs and so on. I won’t say we became friends. I don’t know what happens behind those doors,” he said. Burger, who turns 70 this year and who now boasts the title of Sugarcane Farmer of The Year, denied having gone into business or working with Russol, as the sources said he had. He was following what was happening to Russol, since his arrest, through newspapers. “I think the less we say about the issue ...,” Burger said, without finishing his sentence. In the late 1990s and up until mid-2000, Burger’s name frequently made headlines for his role in the Civil Co-Operation Bureau (CCB), the government-sponsored hit squad which was formed under the South African National Defence Force, and which had operated under then-defence minister Magnus Malan. In recent years though, his name has appeared in the media only a few times. Burger laughed when asked about his low profile. “I’m around. I’m retired at the moment. Ja, those were the days. I’ve been retired for quite a while,” he said. Burger had been a sugarcane farmer in Pongola, KwaZulu-Natal, for about 15 years. “It was actually a wonderful time of our life. After all the previous years in the forces, I became Sugarcane Farmer of the Year,” he said with a chuckle. About three years ago he moved to the Western Cape and settled in the Boland area. “The old saying is: ‘You come back to your roots when you’re older.’ That’s what I’ve done. I had an adventurous life ... It’s wonderful to be back.” Asked where he lived, Burger politely replied that he did not wish to divulge this information. According to a deeds search, he lived in Somerset West. Whenever Burger mentioned the past, his voice took on a wary tone. In the 1990s it had emerged that he was a member of the CCB. Burger had been the regional manager of Region 6 of the CCB, the only CCB unit that had operated in SA. Other operatives linked to Region 6 included: Wouter Basson, Edward Webb, Pieter Johan Verster, Carl “Calla” Botha, Abram “Slang” van Zyl, Leon “Chappie” Maree and Ferdinand “Ferdie” Barnard. A deeds search on Burger showed he ran a close corporation, Staal Burger and Associates, registered in 1988. The search said the corporation was currently in business and listed active directors as Burger, Van Zyl, Maree and Botha. Twelve years ago the Truth and Reconciliation Commission announced that Burger and the seven other CCB operatives had applied for amnesty for various crimes. During a Truth and Reconciliation Commission hearing in June 2000, Burger said he had been raised according to Afrikaner ideologies and had believed in apartheid. “In the light of the fact that crime fights crime, I would say to you today and to everybody who suffered under that, and including ourselves, we are sorry,” he had said. According to a report by the TRC amnesty committee in 2000, Burger had applied for amnesty for his roles in: l The explosion at the Early Learning Centre in Athlone on August 31, 1989, during which a few people suffered minor injuries. According to the TRC decision, the explosion was caused by detonating a limpet mine, hidden in a hall, by remote control. The centre had been used by, among others, the Kewtown Youth Committee and United Democratic Front (UDF) activists. l The conspiracy to assassinate then-UDF activist and former transport minister Dullah Omar. According to the TRC amnesty committee report, a Makarov pistol was to have been used to assassinate Omar when he arrived at his Athlone home. Later plans to poison him had then been scrapped. l The conspiracy to assassinate Gavin Evans, a journalist and member of the End Conscription Campaign. The plan, which was later aborted, had been to stab Evans to death. l The so-called Project Apie to intimidate or discredit Archbishop Emeritus Desmond Tutu. A baboon foetus had been obtained and one night had been hung in the grounds of Tutu’s residence in Bishop’s Court. The TRC amnesty committee’s decision report said Burger was only granted amnesty for the Tutu incident. He had also been named as an accomplice in the 1989 murder of Anton Lubowski, 37, secretary-general of the South West African People’s Organisation (Swapo) and an advocate, who was shot outside his home in Namibia. caryn.dolley@inl.co.za Comments by Sonny From the Greeks to the Russians in two moves. He once too an oath - TO PROTECT AND SERVE! The photo portrays a group of funny bed fellows!

How we nailed Cele

How we nailed Cele
STAFF REPORTERS | 27 May, 2012 00:16

Reporters were illegally bugged as they pursued the story

Related News
Top cops go blank on details
A TWO-PAGE document leaked to the Sunday Times in 2010 started it all.
The document suggested that national police commissioner General Bheki Cele wanted to move the SA Police Service head office into a building owned by businessman Roux Shabangu - without following proper procedure.

After the Sunday Times broke the story on August 1 2010, a blustering Cele called a press conference to deny any wrongdoing.

In typical cowboy style, the police boss, who is now facing the axe, called our reporters, who wrote the story, "shady".

Two days later, one of the authors of the original report, Mzilikazi wa Afrika, was arrested on spurious charges that were later withdrawn. He was held without bail, interrogated about his political leanings and denied access to his lawyers for several hours. It was reminiscent of the bad old days of detention without trial.

Wa Afrika has since filed a lawsuit for wrongful arrest and the matter is scheduled to go on trial in November. The Sunday Times has also filed a suit to claim costs relating to his unlawful arrest.

A day before Wa Afrika was detained, advocate Paul Hoffman, director of the Institute for Accountability, had lodged a complaint with the public protector asking her to probe Cele.

The dirty tricks intensified.

As our reporters continued investigating the police lease scandal, they became targets of smear campaigns, their movements were monitored and their cellphone communications intercepted.

The inspector-general of intelligence, Faith Radebe, has since confirmed that the Hawks bugged Wa Afrika's cellphone.

Later that year, two more cellphones, used by Wa Afrika and his colleague Stephan Hofstatter, were illegally bugged for about three months. This has been confirmed by police investigating the matter.

As a result, the head of crime intelligence in KwaZulu-Natal, Major-General Deena Moodley, has been suspended from his job.

But the pressure on Cele continued to mount. Shortly after our exposé in August 2010, former public works minister Geoff Doidge suspended the lease for the Sanlam Middestad building in Pretoria - owned by Shabangu - based on a damning legal opinion by law firm Cliffe Dekker Hofmeyr.

President Jacob Zuma fired Doidge two months later and replaced him with Gwen Mahlangu-Nkabinde.

Mahlangu-Nkabinde wasted no time reinstating the Pretoria lease, despite receiving two legal opinions in December 2010, telling her the agreement was unlawful

Separately, the Sunday Times exposed Shabangu again in another shady police lease tender, worth R1-billion, for the relocation of the provincial SAPS in Durban.

Following our report, that deal was stopped.

In February 2011, public protector Thuli Madonsela released her first report into the Middestad building lease, which found that Cele's conduct was "improper, unlawful and amounted to maladministration".

Madonsela released her second report into both the Durban and Pretoria police lease deals, now calculated to be worth R1.7-billion, and found Cele and Mahlangu-Nkabinde guilty of improper conduct and maladministration for their roles in driving both deals in July 2011.

It took Zuma almost four months to act on Madonsela's report.

He fired Mahlangu-Nkabinde and suspended Cele in October.

A month later, Zuma appointed a board of inquiry to probe Cele's fitness to hold office. The inquiry started on March 5 and submitted its report last Sunday.

Cele-lies v The Board's findings:

■CELE: I do not know who identified that building.
■BOARD: The buildings were identified by the national commissioner personally. He favoured the buildings owned by Shabangu.
■CELE: The reports that I know the owner of the building [are] completely not true.
■BOARD: The national commissioner clearly knew Shabangu.
■CELE: The needs assessment by the SAPS was duly signed off by me. That is where my role as accounting officer for the SAPS ends.
■THE BOARD: Cele pushed for the entire building in both Pretoria and Durban to be leased by the SAPS, even when the needs analysis showed that a lesser amount of space was required.
■CELE: The Department of Public Works has issued a media statement that absolves me of any wrongdoing.
■BOARD: The conduct of all those involved in the deals in the DPW is sufficient evidence of corrupt activities taking place in it, indicative of the rot that has set in and the promotion of favoured parties to the detriment of the state.
■CELE: The police pushed the urgency of the matter. Yes, those two floors were urgent.
■BOARD: No urgency existed. The purported urgency was thus unjustified and was of their own making.

--------------------------------------------------------------------------------------------------------

A blast from he past...........

From the Office of the National Commissioner of the South African Police Service
The Facts on the Lease Deal : “Putting Matters into Perspective”
Since 4 August 2010 there have been numerous media reports, rumours, speculation and in some cases even downright lies circulated about the lease deal involving the police national headquarters and the KZN provincial headquarters.
In order to ensure that all SAPS personnel members are aware of the facts – and can thus disassociate themselves from the fiction – Major General Nonkululeko Mbatha, Head of Corporate Communication, would like to advise all members and employees as follows:
“When the story was published it fingered the National Commissioner General Bheki Cele on something he did NOT do, misleading reports and malicious allegations suggested that General Cele signed a lease because of his improper or proper relationship with businessman Roux Shabangu. From the 4th of August 2010 to date, there has been a clear vendetta against General Cele and his administration in some media houses. A simple question is why? Is it about the firm grip against crime, that the prophets of doom are now worried about political point scoring on crime? Is about the overwhelming success of the 2010 FIFA World Cup from the security point of view that got people worried and jealous? Is it another attempt to shift his focus from the core business of fighting crime? Are people secretly pushing propaganda for criminals or speaking on their behalf by attacking the man who is in the frontline of fighting crime? Different conclusions can be drawn on the issue of why? But the fact remains, in the mist of all, SAPS members must not be derailed or demoralized towards their fundamental mandate of serving and protecting fellow South Africans.
Last year, the Sunday Times newspaper published a story in which it alleged that National Police Commissioner, General Bheki Cele had signed a lease deal worth almost R2 billion for offices to accommodate SAPS staff and management. The Sunday Times alleged among others, that General Cele had signed the deal. It also alleged that there was friendship between General Cele and the owner of the buildings in Pretoria and Durban, Mr Roux Shabangu. Following this report,
Mr P J Groenewald MP of the Freedom Front Plus and ADV P Hoffman SC the
Director of the Institute for Accountability in Southern Africa referred the matter
to the office of the Public Protector to investigate.
It is a fact that the SAPS indicated to the Department of Public Works
that there was a need for office space to accommodate members of the
SAPS and management in Pretoria and Durban. As a result, the Division: Supply
Chain Management within the
SAPS compiled needs assessments which were necessary for the procurement
of the required leases of buildings to go forward, and submitted to the
Department of Public Works
Earlier this year, Public Protector Ms Thuli Madonsela released a
report titled “Against the Rules”, and recently another report titled
“Against the Rules Too”. In both reports, Adv Madonsela found that the
leases were both unlawful and the conduct of the National Commissioner
amounted to maladministration. However,
contrary to media reports, the Public Protector did not find General
Cele guilty of any offense nor did she find him guilty of corruption. In fact, the
Public Protector found that the Department of Public Works signed the leases
with Roux Property Fund, a company owned by Mr Roux Shabangu.
The South African Police Service has no mandate to sign leases in terms of the
government procurement policies. Only the Department of Public Works is
tasked with a mandate to sign
lease agreements on behalf of government departments. As such, the
Sunday Times was wrong to say that General Cele signed the deal
himself. The Public Protector also pronounced that her investigation
could not find any evidence of friendship between General Cele and Mr
Shabangu, the owner of the building. However, the media has failed to trumpet these findings correctly. Instead, I'm sure many of you have read persistent newspaper reports and rumours suggesting that General Cele is going to be fired as a result of his role in the leasing saga. There is no truth in these reports. The reports by the Public Protector are now in the hands of President Jacob Zuma.
Until such time that the office of the President makes pronouncements on the reports, please be assured that the newspaper reports and rumours are baseless. As many of you know, General Cele is determined to carry out his mandate to lead the SAPS in the fight against crime, and making South Africa a safer place for its citizens”.

Mkhwanazi suspends Mdluli

Mkhwanazi suspends Mdluli
27 MAY 2012 09:47 - SAPA

Former crime intelligence boss Lieutenant-General Richard Mdluli has been suspended, acting national police commissioner Nhlanhla Mkhwanazi said.

Controversial former crime intelligence boss Lieutenant-General Richard Mdluli has been suspended, the office of acting national police commissioner Nhlanhla Mkhwanazi said on Sunday.

“The notice of suspension of General Mdluli has been served on General Mdluli’s lawyer,” said Mkhwanazi’s spokesperson Lindela Mashigo.

Mashigo said the suspension related to allegations that had emerged from the ongoing court inquest into the murder of Mdluli’s former lover’s husband Oupa Ramogibe in 1999.

Last year, Mdluli faced fraud and corruption charges relating to alleged misuse of a crime intelligence fund, the purchase of luxury vehicles and the hiring of family members.

He was suspended but both sets of charges were withdrawn and Mdluli was reinstated as head of crime intelligence in March this year.

Police Minister Nathi Mthethwa then announced on May 9 that Mdluli would be moved from crime intelligence to a position in the office of the deputy national police commissioner for operations, Fannie Masemola.

A few days later non-profit organisation Freedom Under Law (FUL) applied for a urgent interdict to prevent Mdluli from serving in the police service.

FUL also applied for an interdict against Mthethwa, preventing him from moving Mdluli to a new position before a review into his reinstatement could be heard.

On Sunday Mashigo said the national commissioner took the step of suspending in response to the serious allegations that had emerged from the inquest.

“He is not responding to any pressure. He had already served the notices of intention to suspend on General Mdluli and General Solly Lazarus when a day or two later Freedom Under Law approached the court,” he said.

Major-General Solly Lazarus was head of finance for the Crime Intelligence Unit.

Mashigo said Mdluli was given seven days to give reasons why he should not be suspended but failed to respond to the notice.

“From [Lieutenant] General Mdluli we received nothing,” he said.

Mashigo said the police did not want to comment on the allegations made durning the inquest as the process was ongoing.

Mashigo told the Mail & Guardian on Sunday morning that the suspension notice had been delivered to Mdluli’s lawyers.

“The SAPS tried to track down Lieutenant-General Mdluli to hand over the document personally, however this proved unsuccessful,” said Mashigo.

OUR COVERAGE

Mdluli move just smoke and mirrors
MORE COVERAGE

Mdluli suspension a matter for 'employer and employee'
Sexwale lashes back at report by insisting Mdluli be probed
Don't let Mdluli spook you, says Zuma

- Sapa and Staff reporter

Mugabe Tired Of Ruling Zimbabwe: Report

By SAPA, Updated: 2012/05/21
Mugabe Tired Of Ruling Zimbabwe: Report
Zimbabwean President Robert Mugabe reportedly told a former minister in his government that he wants to retire but fears his party would disintegrate, an independent weekly said Sunday.


"From what we discussed, Mugabe said he is tired and wants to retire but he cannot do so now because ZANU-PF would die," Enos Nkala, a former minister of defence in Mugabe's late-1980s government, told The Standard newspaper after meeting with the 88-year-old president Friday.

"He cannot leave when the party is in such a state. What is holding him now is managing and containing ZANU-PF to prevent it from disintegrating," Nkala added.

Mugabe's spokesperson was not immediately available to comment on Nkala's statements.

Nkala, who has been a staunch critic of Mugabe in recent years, met with him privately for an hour in Bulawayo, 430 kilometres (270 miles) southwest of the capital Harare, The Standard said.

Nkala warned that Mugabe's succession remains a delicate issue that if not handled carefully might result in "chaos or civil war".

"It's easy for people to say Mugabe must go, Mugabe must go, but most don't know that he is the glue that has been holding this country together," he said.

Mugabe, who has ruled the southern African country since independence in 1980, has already been endorsed by his party to stand as a candidate in elections expected after the end of a power-sharing government formed in 2009 in the wake of disputed elections.

He and his top rival, Prime Minister Morgan Tsvangirai, have been haggling over when new elections can be held. Mugabe wants to exit the power-sharing deal as soon as possible, while Tsvangirai insists key reforms be implemented first.

Mugabe has been at the centre of a swirl of reports that he is in failing health.

Mugabe and his top officials have repeatedly denied that he has prostate cancer following a leaked 2008 US diplomatic cable in which Reserve Bank Governor Gideon Gono said he had the disease and that it had spread through his body.

Bugging: How cops lied

Rob Rose, Stephan Hofstatter and Mzilikazi Wa Afrika | 19 May, 2012 23:57

The Sunday Times can today reveal that crime-intelligence officials duped a judge into allowing them to illegally eavesdrop on cellphone calls made by suspended national police commissioner Bheki Cele - and this newspaper's journalists.

EmailPrintCourt papers lay the blame at the feet of KwaZulu-Natal crime-intelligence head General Deena Moodley, but the interception application would also have had to be signed by his national boss, Lieutenant-General Richard Mdluli.

Intelligence officials duped retired Judge Joshua Khumalo into signing the order by:

Submitting a request for an interception order for certain numbers, but lying about who those numbers belonged to;

Claiming Cele's number belonged to a "Thabani Mdlalose" of Lamontville in Durban; and

Claiming that the cellphones used by Sunday Times reporters belonged to "Sya Mkhize" of Gillespie Street in Durban, and a "Zakhele Cele" of Pinetown, KwaZulu-Natal.

The order was granted on December 6 2010, soon after this newspaper produced a series of exposes about dodgy police tenders.

The events fuel suspicion that rogue intelligence agents could be slipping the names of other public figures and journalists into bogus interception applications made to judges to lend an air of legitimacy to illegal surveillance.

Police Minister Nathi Mthethwa told the Sunday Times this week that officials who did this were committing crimes "will have to face the music".

"They will be brought to book ... how many people have [been bugged] without them knowing? An investigation should point to these things, and say these are the numbers [illegally bugged],'' he said.

The Interception of Communication Act of 2002 says it is illegal for anyone, including police officers, to intercept anyone's calls, unless a judge agrees it is "necessary" in order to investigate a serious offence. The application must "indicate the identity of the person or customer" whose calls will be intercepted.

Judge Khumalo's order gave the police the ability to record "real-time" cellphone calls, get records of all SMSes and MMSes, as well as track the GPS location of the cellphone at all times.

Cele wouldn't reveal if he knew who was the driving force behind bugging his phone. He told the Sunday Times that he was "keenly awaiting the finalisation of the current investigation into my illegal bugging to establish the identity of those who ordered it, and their reasons for doing so".

He said the scandal "serves to illustrate the extent of the rot that I have been battling in the SAPS since my appointment as police commissioner".

At the time of the interception order the journalists were engaged in an investigation into Cele's role in the police lease scandal that led to his suspension. The commission of inquiry into the matter is expected to publish its findings soon.

Affidavits filed by two policemen in the suspension proceedings of KwaZulu-Natal crime intelligence boss Major-General Deena Moodley say Moodley gave the instruction.

Papers filed in the Durban Labour Court in February show that Lieutenant-General Fani Masemola served Moodley with a suspension notice for allegedly spying on "certain journalists" under false pretences.

Masemola says Moodley issued a "verbal instruction" in November 2010 to "have the cellular conversations of certain journalists intercepted, well knowing that such application [contravenes the interception act] in that such application will contain information which is false, incorrect or misleading".

In a follow-up letter, Masemola accuses Moodley of breaking the law by knowingly disguising the names of people whose phones would be bugged.

"Your client was well aware that the Act 70 application would not reflect the interception of cellular phones for the identified individuals, as this would not have been a legitimate ground for interception," he says.

Supporting affidavits by two of Moodley's officers, Colonel Brian Padayachee and Colonel Dumisani Zulu, confirm that they received the instruction from Moodley - but they claim it was perfectly legal.

"I hereby confirm that I was tasked by Major-General D Moodley during November 2010 to involve myself in a covert investigation into the activities of certain journalists that posed a threat to the organisation," says Padayachee.

"The operation involved the handling of operational information obtained by contact persons by myself and the interception and monitoring of calls by Colonel D Zulu. At no stage did I nor Colonel Zulu, who was present at the meetings regarding the journalists, receive any unlawful instructions from Major-General D Moodley."

Zulu also confirms the instruction, and says it was not "unlawful".

When contacted, Moodley said: "My contention is that I did nothing illegal ... the matter is now still being investigated, so I don't want to say anything [and] don't want to be quoted out of context, or in context."

Sexwale lashes back at report by insisting Mdluli be probed

Sexwale lashes back at report by insisting Mdluli be probed
19 May 2012 02:09 -
In response to a report fingering ANC leaders in a plot to unseat President Zuma, Sexwale has asked for Richard Mdluli to be investigated.
Human Settlements Minister Tokyo Sexwale (centre) jokes with comrades during a break at the ANC's National Executive Committee meeting at St George's Hotel in Irene near Centurion. (Werner Beukes, SAPA)
Public Protector Thuli Madonsela has been asked by Human Settlements Minister Tokyo Sexwale to investigate the possible abuse of authority and state resources by former crime intelligence boss Richard Mdluli.

“The objective… is to leave no stone unturned in establishing the truth around this saga and… to ensure that the tendency to use state resources to pursue party political positions is stemmed out,” the Human Settlements ministry said in a statement on Saturday.

Sexwale made the request because of allegations made by Mdluli in a report where he fingered a number of ANC leaders who were allegedly part of a plot to unseat President Jacob Zuma.

“Minister Sexwale, whose name was mentioned as ostensibly central to the alleged plot, through his lawyers—Mkhabela Huntley Adekeye—has lodged a complaint with the office of the Public Protector to investigate the matter,” the statement said.

Last year, Mdluli claimed that former president Thabo Mbeki’s “camp” was trying to take over crime intelligence ahead of the ANC’s elective conference in Manguang later this year.

“These were the very same members that were involved in negative campaigning at the ANC conference in Polokwane,” Mdluli said in a letter to Zuma later.

“They were in Mbeki’s camp and trying to take control of the intelligence environment within the police by devious tactics.”

Covering ground
Others named in the report—called the Ground Coverage Intelligence ReportGround Coverage Intelligence Report—included former ANC Youth League president Julius Malema, ANC treasurer general Mathews Phosa, ANC national executive committee members Fikile Mbalula, Jeff Radebe, Tony Yengeni, Cassel Mathale and David Mabuza.

Last year, Mdluli faced fraud and corruption charges relating to alleged misuse of a crime intelligence fund, the purchase of luxury vehicles and the hiring of family members. He also faced a murder charge for the death of his former lover’s husband.

Both sets of charges were withdrawn and Mdluli was reinstated as head of crime intelligence.

On May 9, Police Minister Nathi Mthethwa announced that Mdluli would be shifted from his position to another division.—Sapa

--------------------------------------------------------------------------------


Hawks dig in over the 'highly irregular' decision to drop charges against ex-crime intelligence boss, Richard Mdluli, writes Glynnis Underhill.
Richard Mdluli (David Harrison, M&G)
In a show of defiance, the police’s Hawks unit has returned the letter it received from the National Prosecuting Authority (NPA) informing it that the now sidelined crime intelligence boss Richard Mdluli would not be prosecuted.

The acting national director of public prosecutions, Nomgcobo Jiba, had not signed it and on that basis the Hawks returned the letter to her, the Mail & Guardian was told.

It was signed by Jackie Lipinka, an NPA office manager.

A police source said the Hawks believed that Jiba was reluctant to throw herself into the political whirlpool surrounding Mdluli. The NPA withdrew the murder and fraud charges against him.

The Hawks are now fighting that decision, which it regards as highly irregular.

Protecting Selebi
But the prosecuting authority’s spokesperson, Mthunzi Mhaga, said Jiba had “no reason to sign the letter”.

Our CoveragePolice boss moves against Richard MdluliCivil society rides to the rescueMdluli: 'It's all a racist-driven plot'More CoverageDon't let Mdluli spook you, says Zuma

“The matter was being handled by the specialised commercial crime unit and the Hawks had addressed it to the head of that unit, who responded accordingly,” he said.

The head of the unit is Lawrence Mrwebi, who is a former KwaZulu-Natal head of the disbanded Scorpions unit.

During former national police commissioner Jackie Selebi’s corruption trial, Mrwebi testified on his behalf, alleging he was the victim of a plot by the Scorpions to arrest police officers to prevent the disbandment of the unit. Selebi was found guilty of corruption in 2010.

Jiba was also involved in allegations that she had tried to protect Selebi. She was suspended four years ago by the NPA because of her alleged involvement in a campaign waged against former Scorpions boss Gerrie Nel, which was alleged to have been aimed at thwarting the arrest of Selebi. Her disciplinary process was subsequently abandoned.

Enmity
It was reported by the M&G that Mdluli allegedly filed an affidavit supporting Jiba in which he claimed he had access to telephone calls that revealed that Nel was being protected by the NPA.

Nel earned Jiba’s enmity by prosecuting her husband, Booker Nhantsi, for stealing a client’s money from his firm’s trust account.

In a controversial move, President Jacob Zuma expunged Nhantsi’s criminal record in September 2010.

Caught in this web is Glynnis Breytenbach, who heads the regional specialised commercial crime unit in Pretoria. A senior prosecutor, her life has been threatened – she has been shot at twice while driving and attempts were made to force her car off the road. Breytenbach was suspended after she sent a memorandum to Jiba giving reasons why the fraud charges against Mdluli should not have been dropped.

Although Breytenbach is expected to face a disciplinary hearing, she has still not received a copy of the charges against her.

Disciplinary action
“They haven’t had time to manufacture the charges,” said a source close to events surrounding her.

The NPA has 60 days from the date of her suspension, April 30, to hold a disciplinary hearing.

A source said it was suspected the NPA would delay the hearing for “as long as possible” to keep her out of the office.

She returned home this week from a planned holiday abroad to see the headlines about the urgent application brought by the Freedom Under Law organisation to prevent Mdluli from working as a police officer, pending a judicial review of the decisions relating to his reinstatement as crime intelligence boss.

According to a source close to Breytenbach, she has welcomed the news. She is also still in the dark about when she will return to work.

Racist plot
Although the NPA has denied that Breytenbach’s suspension is related to her attempts to prosecute Mdluli for fraud, the source close to her believes it was directly related to the memo she sent to Jiba.

Mdluli was previously accused by police of allegedly plundering the crime intelligence division’s secret service account to buy cars and houses, pay for holidays and to employ, illegally, his family members as covert agents. He was also charged with involvement in the 1999 murder of Oupa Ramogibe, who was married to his former girlfriend.

Mdluli claimed in an exclusive interview with the M&G last week that he was innocent of both fraud and murder charges, alleging it was a “racist plot” against him.

Apart from the allegations involving Mdluli and the secret services fund, the M&G reported two weeks ago that the Hawks had allegedly uncovered a second slush fund – a concealed police bank account – that police claimed further backed Breytenbach’s case for reopening the fraud case against Mdluli.

DA: Secrecy Bill will imprison our minds

12 May 2012 03:10 - Speaking out against the planned Protection of State Information Bill the DA has said the Bill will rob South Africans of the freedom they had won. The ANC has turned from a party of liberation into one that facilitated a criminal state, Democratic Alliance (DA) MP Wilmot James said on Saturday. “It is as ironic and it is painful that the party that contributed so much to freeing us now wants to imprison our minds and keep us quiet,” he said. “It wants cronies and tenderpreneurs who steal your money to get away with it. It wants us to say nothing about corruption when we see it. More Coverage Protection of Information Bill 'can be narrowed' Public protector reviewing 'secrecy bill' Secrecy Bill will protect us from the spies, says Cwele It wants to paper over what is a criminal state.” James was speaking at a rally against the Protection of State Information Bill in Port Elizabeth, Eastern Cape. He said the Bill was “a horrific plan” that would rob South Africans of the freedom they had won. “If it [the bill] goes through, it will take us back to dark days of apartheid when those of us who spoke up against evil were put in jail.” Taking the fight to them The Bill is currently with the ANC’s national council of provinces, who have proposed changes including exemption from legal liability for the disclosure of classified information that reveals ‘criminal activity’. Wilmot praised the efforts of “many organisations” and “the efforts of some clear-thinking and genuine democrats in the African National Congress,” for the changes but said another surge in protests was needed. “That is why we are here today. When I last saw Madiba he said that governments rarely do the right thing unless we take the fight to them,” he said. - Sapa Mail & Guardian Comments by Sonny This evil secrecy Bill will not only imprison our minds but our bodies as well. One party state means civil war in South Africa. He who tampers with our Constitution deserves to die. There will be no democracy in SA if this draconian Bill is passed i

nto Law (Lawlessness).

'That man is very powerful. Lots of people don't really want to talk about him'

'That man is very powerful. Lots of people don't really want to talk about him'
Staff Reporters | 06 May, 2012 00:53

JOHANNESBURG, SOUTH AFRICA � JUNE 24: Suspended Crime Intelligence Head Richard Mdluli at the Boksburg Magistrate's Court on June 24, 2011 in Johannesburg, South Africa. The Hawks arrested the lieutenant general in March on charges including murder and kidnapping, a decade after the crime he allegedly covered up. (Photo by Gallo Images/Foto24/Bongiwe Gumede)
Image by: Foto24/Bongiwe Gumede / Gallo Images
Very little is known about the man holding the key to the country's top secrets and now positioned to become the next national police commissioner.



Crime intelligence boss Lieutenant General Richard Mdluli has been in the limelight for 18 months, plagued by controversy - from exposing an alleged plot to overthrow President Jacob Zuma at the ANC elective conference, to allegations of his involvement in the murder of his former lover's husband 13 years ago and abuse of the police's secret slush fund.

Mdluli joined the police in 1979.

"When I graduated from police training college in Hammanskraal in June 1980, I came second out of a class of about 620," he says. "I still have the certificate."

Mdluli's early years in the police were spent in areas east of Johannesburg.

From police college he went straight to detectives, dealing with cases ranging from petty crimes to murder. Within a decade, he was promoted to the rank of sergeant, studying for a diploma in police management while working.

In 1993, after completing an officers course in Paarl, he became a branch commander at Vosloorus. "There I worked under some of the best policemen in Gauteng," he says.

In 1995, he became a full colonel and in 2000, he was appointed area commissioner in the Southern Cape. "I excelled there. Please ask anyone. When I left, they were crying."

Next he was appointed deputy provincial commissioner in the North West before being transferred to Gauteng, also as deputy provincial commissioner.

Mdluli was head of Gauteng detectives when Makgabo Bernice Matlala, 4, granddaughter of Bernard Ngoepe, Judge President of the Gauteng division of the High Court, was found half naked and murdered under a bed in her parents' home in Lenasia South.

From Gauteng, Mdluli went national.

"In 2009, I applied for the job of divisional commissioner, crime intelligence," he said.

There was some controversy about Mdluli's interview process, as the then acting commissioner Tim Williams declined to join the interviewing panel, which included Malusi Gigaba and Nathi Mthethwa.

A former high ranking member of police, speaking on condition of anonymity, described Mdluli as a man with a short fuse.

"He may be of small build, but he has a temper."

He said Mdluli was regarded as a "devious, manipulative individual".

"Prior to '91 there was a time when he would shine the shoes of white police officers. He has low self-esteem and harboured a lot of resentment at being made to do that ... he always carried that secret loathing. He wants to be successful and his rise has been rapid, but he is loyal to no one."

Another police officer, who may not be named, said: "He is the head of the country's powerful crime intelligence unit. He is extremely dangerous, has a lot of information at his disposal and carries a lot of power."

"That man is very powerful. Lots of people don't really want to talk about him," said a station commander, who could not be named.

British security consultant Paul O'Sullivan said it was Mdluli who "nearly derailed" the investigation into former police boss Jackie Selebi, who was jailed for 15 years.

"He was behind the case against Gerrie Nel and he also threatened witnesses that I lined up. If I thought Mdluli would get the top cop job, I would have derailed the investigation myself! Selebi would have been a better incumbent. This guy will bring the country to its knees if he is appointed top cop. It would be like asking the mice to guard the cheese."

In November 2010, Mdluli's career took a different turn. He declassified an intelligence report which said that Human Settlements Minister Tokyo Sexwale was involved in an alleged plot with other ANC members to overthrow Zuma.

Four months later, he was suspended shortly after a warrant for his arrest was issued in connection with the 1999 kidnapping and murder of his former lover's husband, Oupa Ramogibe. Allegations of doctored case dockets and missing files were levelled against Mdluli and three other suspects.

Last September, Mdluli was charged with corruption and fraud around the purchase of two vehicles for his department and payments from the witness protection fund.

But in December the National Prosecuting Authority dropped both cases. However, Intelligence Inspector-General Faith Radebe continued her investigations.

The most recent allegations against Mdluli is his abuse of state allocated funds. It is alleged that his wife, former wife, his daughter and son and three in-laws were given high-ranking positions by crime intelligence in 2010 and are still in service.

He equipped his home in Dawn Park, Boksburg, with a R150 000 security system and furniture from a safe house and allegedly used safe houses in Gordon's Bay in the Western Cape and in Durban as holiday homes for himself and his family. He had seven Crime Intelligence cars including three Mercedes-Benzes, a BMW, a Jeep, a Lexus and an Audi while his son got a Golf GTI, his former wife an Audi A4, his sister-in-law a Honda Jazz and the rest VW Golfs.

In March, his year-long suspension was lifted and he was reinstated. The inquest into Ramogibe's death concludes in September.

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The most talked about cop in the country, eclipsing Jackie Selebi and Bheki Cele tells us why in his own words.



On him gunning for the police commissioner position

"There is a media campaign and propaganda by those who think I will become national commissioner. Where they get it, I don't know. I will support anyone who becomes national commissioner. I never asked for that job. If it comes, it comes as a bonus."

Resignation

Asked if he would resign in the interests of all South Africans given the cloud over his head: "There is no cloud over my head. There is a media campaign and propaganda. All this is noise, which I don't have time for. I just want to do my job and make sure the people of South Africa are safe."

Zuma's help

Asked if Zuma was behind a plot to ensure he kept his job as crime intelligence boss because Zuma wanted him as a political ally in charge of police spooks to help secure a second term:

"No. There is no such thing. I am a policeman, serving the government of the day. If another government comes tomorrow, I will be loyal to that government. I am not close to Jacob Zuma or any other politician or political faction.

"How can people say I am close to Zuma. I didn't even know him. If you look at my track record as an apartheid-trained policeman, how could I get close to Zuma? I was appointed because of my track record, that's all.

"I was arrested and spent 21 days in jail. If I was really a friend of the president, I would have been released there and then. It's just a witch hunt against me."

May Day

Asked about Zuma attending a celebration with him in December and inviting him to the May Day celebration: "There was never any function in December that I or president Zuma attended.

"On May Day, as head of Crime Intelligence, PPU [Presidential Protection Unit] and VIP protection, I attended because I will go to any rally where my attendance is needed. President Zuma never invited me. I never even saw him there!"

Zuma's grip on spooks

Asked about the perception that Zuma was centralising intelligence functions under the control of a loyal ally by bringing CI, PPU and VIP under Mdluli's command: "That decision was taken while I was under suspension. I was informed about it when I came back on March 31 2012. The president is not involved in operational matters of the police."

Efforts to thwart the criminal probe into him

Asked about stripping the head of the Hawks of delegated powers that the position used to enjoy to apply to judges for phone taps, and the perception this created that it was part of a plot to shelve or compromise the Hawks investigation into him:

"The rule book has said for years that the head of crime intelligence must authorise interception. It can be delegated, and was to Dramat [as head of the Hawks], but the new acting national commissioner decided to make things more procedural, because there were too many irregularities in the past with delegated interception rights.

"If [the Hawks] feel they need to put me under surveillance for a legitimate reason, they can go to the State Security Agency to request it. It's the same as vetting. If they want to vet me, they must get the SSA to do it, not the police, and vice versa.

"People need to respect the constitution of this country. I went through the courts for a fabricated [fraud] case. People were forced to make statements. Senior managers in the police were raided at night and threatened with arrest if they didn't make a statement against me."

Murder investigation

Asked about the murder investigation: "That case was investigated by the best murder and robbery squad in the East Rand, headed by Colonel Botha. They were objective and couldn't find any evidence."

Asked how it was possible there is no case against him when investigators submitted scores of statements against him in the inquest under way: "I really don't know how they got all those statements.

"I don't think Col Botha and his team were so stupid that they couldn't find any evidence if there was evidence. "Only the current investigating officer can explain where those statements come from.

"If they couldn't bring any evidence against me at my trial, even though they asked for more time and kept me in jail for 21 days, how will they find evidence now?"

He insisted that the murder case was part of a smear campaign, but refused to discuss who was behind it.

"I can't comment on this because I might still be called as a witness at the inquest," Mdluli said.

Nepotism and looting of the crime intelligence slush fund

He admitted to having several family members in crime intelligence: "I didn't make them join. There are family members - like any other police officer.

"There's nothing wrong with that because I was never involved in their employment process. Some were appointed in 2003 or 2004 - years before I became divisional commissioner.

"Let them go to HR and pull their files and you will see I had nothing to do with their appointment."

Asked if he looted the secret services account to fly to China on a private trip with his ex-wife at taxpayers' expense, as alleged in the leaked Hankel report, Mdluli said: "The inspector-general and auditor-general are investigating these matters and will report to the relevant authorities with regard to their findings."

By this he means to the Joint Standing Committee on Intelligence, which will make a recommendation to the minister of police, who will then decide on the appropriate course of action.

"All I can say is there was no wrongdoing in this matter on my part."

Asked about a new R40-million secret fund that he is accused of looting: "It's nonsense. Lies. There is no such thing. I spoke to the auditor-general about it today to say they must investigate this thing because I want to clear my name. I know they won't find anything."

Hawks ‘must be independent’

May 4 2012 at 10:05am


Comment on this story

Deon de Lange

THE “war” between senior police managers is the perfect example of why the Hawks should not be located in the SAPS but should be granted the independence they need to tackle complex or sensitive investigations without fear or favour, says former DA MP Raenette Taljaard.

Parliament’s police committee is currently working on amendments to the SAPS Act to bring it in line with a Constitutional Court ruling last year that said the Hawks were insufficiently protected against political interference.

Taljaard told the Cape Town Press Club yesterday that the UN anti-corruption convention, which SA has signed, “clearly requires an independent anti-corruption watchdog”.

“I would assume that this issue of independence would inevitably mean that you cannot continue to locate the Hawks within the SAPS in the way that is being contemplated (by Parliament),” she said.

ACDP leader Reverend Kenneth Meshoe yesterday called on President Jacob Zuma to “intervene in this ‘war’ in order to stop senior police officers from attacking each other in public” as the conflict between securocrats was “undermining the credibility of the SAPS and threatening our national security”.

“President Zuma must support (acting national police commissioner Nhlanhla Mkhwanazi), failing which the perception will be created that he is protecting (crime intelligence boss Richard) Mdluli as his preferred choice as national commissioner in the run-up to (the ANC’s elective conference in) Mangaung,” he added.

His call follows the extraordinary admission by Mkhwanazi that he feared widespread panic within the service “as senior officers tear each other apart in war”.

“It is war. I am cleaning house and will not stop until all the bad apples, regardless of who they are, are removed,” Mkhwanazi told The Times on Wednesday. “If someone is involved in something – be it stealing from slush funds or abusing police resources, and lies about it – those lies will one day catch up with you. I will prove there are people operating like a mafia and I will deal with these people,” the acting commissioner is reported to have said in what would be the frankest admission yet by a senior police official of the turf wars plaguing the state security establishment.

Mkhwanazi’s statements have been interpreted as referring to Mdluli, who stands accused in an internal police investigation of abusing the police’s secret service account for his and his family’s benefit.


The Law Society of South Africa (LSSA) has meanwhile condemned “attacks on a member of the prosecutorial service and the muted response to these by some key institutions”. LSSA co-chairman Krish Govender told The Star yesterday that the statement “flowed from” reported attacks on advocate Glynnis Breytenbach, the recently suspended Gauteng head of the NPA’s commercial crime unit, who led the criminal investigation into Mdluli – and has pushed for charges against the crime intelligence boss to be re-instated. But he emphasised that the LSSA condemned any attacks on members of the justice system.

“Members of the legal profession… should be able to carry out their professional duties without fear of intimidation or harm… If left unresolved or unchallenged, such attacks could lead to a climate of lawlessness where the judiciary and other stakeholders in the legal and security arena will not be able to carry out their functions fearlessly.”


Breytenbach has reported her car being shot at and another incident where two motorcyclists tried to force her car off the road. She was officially suspended on Monday pending an internal probe into her handling of a case involving company fraud. But some have linked the reported attacks – and her suspension – to the fact that she has doggedly pursued the criminal case against Mdluli.



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Mdluli ‘belowe’ hulp aan Zuma in brief
2012-05-05 23:46

Adriaan Basson
’n Maand voor aanklagte van bedrog en korrupsie teen hom laat vaar is, het lt.genl. Richard Mdluli, misdaadintelligensiebaas, ’n brief aan pres. Jacob Zuma geskryf wat vertolk kan word dat hy Zuma sou ondersteun vir ’n tweede presidentstermyn – mits sy (Mdluli se) skorsing opgehef word.

Dié skynbare onderneming kom voor in ’n eienaardige sinskonstruksie in dié brief. Mdluli het dit in November verlede jaar aan die president gestuur.

City Press, susterkoerant van Rapport, het ’n afskrif van die brief onder oë gehad wat ook gestuur is aan die polisieminister, Nathi Mthethwa, en lt.genl. Nhlanhla Mkhwanazi, waarnemende polisiehoof.

Mdluli skryf: “Daar word beweer (deur die ‘samesweerders’) dat ek die minister van polisie en die president van die land ondersteun. In die geval dat ek sou terugkeer werk toe, sal ek die president bystaan om volgende jaar sukses te behaal.”

Rapport kan voorts onthul:

* Adv. Glynnis Breytenbach, geskorste senior aanklaer, het twee weke gelede aan die nasionale vervolgingsgesag (NVG) nuwe bewyse voorgelê wat Mdluli en andere by “uiters ernstige” misdade betrek;
* In haar memorandum aan die NVG het Breytenbach gesê die besluit om klagtes teen Mdluli terug te trek beteken in die praktyk die ander ernstige aantygings van die misbruik van staatsgeld word “gesmoor”; en
* Die polisie het ’n frontmaatskappy wat na bewering deur Mdluli en andere gebruik is om ’n misdaadintelligensie-fonds te plunder – dieselfde maatskappy wat gedurende apartheid deur die veiligheidspolisie gebruik is om plofstowwe te koop wat teen anti-apartheid-aktiviste gebruik is.

In Mdluli se brief aan Zuma beweer hy daar is ’n komplot teen hom wat deur senior polisielede gedryf word omdat hulle hom uit die kussings wil lig.

City Press het Mdluli gister spesifiek gevra om te verduidelik of hy in die brief aangebied het om Zuma te ondersteun in sy veldtog om in Desember as ANC-leier herkies te word.

Mdluli het verkies om nie te reageer óf dié vertolking te verwerp nie.

Mense in die ANC se binnekring en sekurokrate was in die war oor Mdluli se skynbare noue band met Zuma, aangesien hy geen struggle-agtergrond het nie en geïmpliseer word by die plundering van die fonds.

Bronne in die polisie wat die brief gesien het, stem saam die doel daarvan was om nader aan Zuma te kom.

“Dit gee mens ’n idee van waarom hy beskerm word,” het een gesê.

Mdluli was Dinsdag by dieselfde Cosatu-werkersdagbyeenkoms in Bo­tshabelo in die Vrystaat waar Zuma was. Hy het sy teenwoordigheid verklaar deur te sê hy is daar “as deel van my pligte as polisiebeampte”.

Mdluli voer in sy brief aan Zuma aan dat die geskorste nasionale polisiehoof, genl. Bheki Cele, die Gautengse polisiehoof, lt.genl. Mzandile Petros, die Valke se hoof, lt.genl. Anwa Dramat, en die polisie se speurhoof, lt.genl. Godfrey Lebeya, teen hom saamsweer.

Mdluli het die ontvangers van die brief gevra om die tugoptrede teen hom te laat vaar totdat die strafsaak teen hom afgehandel is. Dit wil voorkom of Mdluli se pleit geslaag het:

* Die aanklagte van bedrog en korrupsie is ’n maand later laat vaar;
* Die moordklag teen hom is in Februarie teruggetrek en ’n geregtelike doodsondersoek is gelas;
* Sy skorsing uit die polisie is in Maart opgehef ná ingryping deur Mthethwa en hy is ook in beheer geplaas van die polisie se BBP-eenheid wat ministers se bewegings beheer.

Breytenbach – die aanklaer wat die vervolging teen Mdluli gedryf het – is die afgelope week uit die NVG geskors op onverwante klagtes.

City Press het ’n afskrif van die memorandum gesien waarin Breytenbach vir adv. Nomgcobo Jiba, waarnemende NVG-hoof, vra om Mdluli weer aan te kla.

Breytenbach sê daarin Mdluli se saak word anders hanteer as dié van ander polisiebeamptes wat op soortgelyke klagtes aangekla is en dat die terugtrek van die aanklagte daarop neerkom dat die ander korrupsiebewerings teen die misdaadintelligensie-eenheid in die kiem gesmoor word. Sy voer ook aan nóg bewyse teen Mdluli en ander verdagtes het aan die lig gekom, maar die NVG se besluit “bring die strafregtelike ondersoek vir alle praktiese redes tot ’n einde”.

Die Mail & Guardian het Vrydag berig die Valke is besig om nog bewerings van korrupsie en bedrog om die intelligensie-eenheid se geheime fonds te ondersoek.

Brig. Lindela Mashigo, polisiewoordvoerder, het gesê dit is Mdluli se “reg om nie kommentaar te lewer nie” op die inhoud en bedoeling van die brief.

Mnr. Mac Maharaj, Zuma se woordvoerder, het gesê die presidensie volstaan by sy vroeëre verklaring dat Zuma niks met Mdluli se terugkeer tot die polisie te make het nie.

Bykomende beriggewing deur Jacques Pauw en Carien du Plessis

Cabinet condemns police spat

2012-05-04 16:06


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Cape Town - Cabinet has condemned an ongoing public spat between senior police officers and urged them to stop, Performance Monitoring Minister Collins Chabane said on Friday.

"These public spats do not enhance government efforts to fight crime in the country," he told journalists, following Cabinet's regular fortnightly meeting.

"Cabinet further calls on the South African Police [Service] not to be distracted from fighting crime and [to] ensure law and order [are maintained] in the country."

Chabane said Cabinet expressed serious concern about the reported high-level cases of crime and police officers involved in wrongdoing. This was an affront to the confidence and trust people should have in the safety and security of the country.

Furthermore, Cabinet continued to particularly condemn the sexual violence perpetrated on women, teenagers, and young children.

Cabinet had set up a high-level ministerial team comprising the ministers of justice and constitutional development, police, communications, women, children and people with disabilities, home affairs, basic education, and health, to be convened by the ministry of social development.

This high-level team was tasked with devising both short and long-term measures to deal with the escalation of criminality in the country.

"Cabinet appeals to both local and international media to exercise greater sensitivity to the victims of violent crimes, particularly women and children, when reporting on this matter," Chabane said.



- SAPA

Read more on: police | collins chabane | crime

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Mdluli ‘belowe’ hulp aan Zuma in brief
2012-05-05 23:46

Adriaan Basson
’n Maand voor aanklagte van bedrog en korrupsie teen hom laat vaar is, het lt.genl. Richard Mdluli, misdaadintelligensiebaas, ’n brief aan pres. Jacob Zuma geskryf wat vertolk kan word dat hy Zuma sou ondersteun vir ’n tweede presidentstermyn – mits sy (Mdluli se) skorsing opgehef word.

Dié skynbare onderneming kom voor in ’n eienaardige sinskonstruksie in dié brief. Mdluli het dit in November verlede jaar aan die president gestuur.

City Press, susterkoerant van Rapport, het ’n afskrif van die brief onder oë gehad wat ook gestuur is aan die polisieminister, Nathi Mthethwa, en lt.genl. Nhlanhla Mkhwanazi, waarnemende polisiehoof.

Mdluli skryf: “Daar word beweer (deur die ‘samesweerders’) dat ek die minister van polisie en die president van die land ondersteun. In die geval dat ek sou terugkeer werk toe, sal ek die president bystaan om volgende jaar sukses te behaal.”

Rapport kan voorts onthul:

* Adv. Glynnis Breytenbach, geskorste senior aanklaer, het twee weke gelede aan die nasionale vervolgingsgesag (NVG) nuwe bewyse voorgelê wat Mdluli en andere by “uiters ernstige” misdade betrek;
* In haar memorandum aan die NVG het Breytenbach gesê die besluit om klagtes teen Mdluli terug te trek beteken in die praktyk die ander ernstige aantygings van die misbruik van staatsgeld word “gesmoor”; en
* Die polisie het ’n frontmaatskappy wat na bewering deur Mdluli en andere gebruik is om ’n misdaadintelligensie-fonds te plunder – dieselfde maatskappy wat gedurende apartheid deur die veiligheidspolisie gebruik is om plofstowwe te koop wat teen anti-apartheid-aktiviste gebruik is.

In Mdluli se brief aan Zuma beweer hy daar is ’n komplot teen hom wat deur senior polisielede gedryf word omdat hulle hom uit die kussings wil lig.

City Press het Mdluli gister spesifiek gevra om te verduidelik of hy in die brief aangebied het om Zuma te ondersteun in sy veldtog om in Desember as ANC-leier herkies te word.

Mdluli het verkies om nie te reageer óf dié vertolking te verwerp nie.

Mense in die ANC se binnekring en sekurokrate was in die war oor Mdluli se skynbare noue band met Zuma, aangesien hy geen struggle-agtergrond het nie en geïmpliseer word by die plundering van die fonds.

Bronne in die polisie wat die brief gesien het, stem saam die doel daarvan was om nader aan Zuma te kom.

“Dit gee mens ’n idee van waarom hy beskerm word,” het een gesê.

Mdluli was Dinsdag by dieselfde Cosatu-werkersdagbyeenkoms in Bo­tshabelo in die Vrystaat waar Zuma was. Hy het sy teenwoordigheid verklaar deur te sê hy is daar “as deel van my pligte as polisiebeampte”.

Mdluli voer in sy brief aan Zuma aan dat die geskorste nasionale polisiehoof, genl. Bheki Cele, die Gautengse polisiehoof, lt.genl. Mzandile Petros, die Valke se hoof, lt.genl. Anwa Dramat, en die polisie se speurhoof, lt.genl. Godfrey Lebeya, teen hom saamsweer.

Mdluli het die ontvangers van die brief gevra om die tugoptrede teen hom te laat vaar totdat die strafsaak teen hom afgehandel is. Dit wil voorkom of Mdluli se pleit geslaag het:

* Die aanklagte van bedrog en korrupsie is ’n maand later laat vaar;
* Die moordklag teen hom is in Februarie teruggetrek en ’n geregtelike doodsondersoek is gelas;
* Sy skorsing uit die polisie is in Maart opgehef ná ingryping deur Mthethwa en hy is ook in beheer geplaas van die polisie se BBP-eenheid wat ministers se bewegings beheer.

Breytenbach – die aanklaer wat die vervolging teen Mdluli gedryf het – is die afgelope week uit die NVG geskors op onverwante klagtes.

City Press het ’n afskrif van die memorandum gesien waarin Breytenbach vir adv. Nomgcobo Jiba, waarnemende NVG-hoof, vra om Mdluli weer aan te kla.

Breytenbach sê daarin Mdluli se saak word anders hanteer as dié van ander polisiebeamptes wat op soortgelyke klagtes aangekla is en dat die terugtrek van die aanklagte daarop neerkom dat die ander korrupsiebewerings teen die misdaadintelligensie-eenheid in die kiem gesmoor word. Sy voer ook aan nóg bewyse teen Mdluli en ander verdagtes het aan die lig gekom, maar die NVG se besluit “bring die strafregtelike ondersoek vir alle praktiese redes tot ’n einde”.

Die Mail & Guardian het Vrydag berig die Valke is besig om nog bewerings van korrupsie en bedrog om die intelligensie-eenheid se geheime fonds te ondersoek.

Brig. Lindela Mashigo, polisiewoordvoerder, het gesê dit is Mdluli se “reg om nie kommentaar te lewer nie” op die inhoud en bedoeling van die brief.

Mnr. Mac Maharaj, Zuma se woordvoerder, het gesê die presidensie volstaan by sy vroeëre verklaring dat Zuma niks met Mdluli se terugkeer tot die polisie te make het nie.

Bykomende beriggewing deur Jacques Pauw en Carien du Plessis

Call grows for Mdluli action

CHANDRÉ PRINCE and GRAEME HOSKEN | 04 May, 2012 01:02

National police crime intelligence head Richard Mdluli Picture: PEGGY NKOMOSO
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Mdluli's night of the long knives While parliament's police oversight committee refused to discuss spy boss Lieutenant-General Richard Mdluli's fitness to hold office yesterday, pressure mounted on President Jacob Zuma and Police Minister Nathi Mthethwa to intervene in the matter.
If Zuma and Mthethwa fail to order a swift investigation into Mdluli - who was controversially reinstated as crime intelligence boss in April after murder and fraud charges against him were questionably withdrawn - the South African Police Service will be "seriously tarnished".

Even worse, says the Pan African Congress's Mudini Maivha, the credibility of the police will be compromised if a senior officer such as Mdluli is mired in suspicion and allegations of a range of criminal activities.

"The public is entitled to a full investigation of the allegations against Mdluli because of their serious nature. As a senior law- enforcement officer, he cannot be comfortable that he is not afforded the chance in open court to clear his name," said Maivha.

"The SAPS is being seriously undermined by the authorities' inaction following numerous reports of maladministration, scheming and the apparent unlawful dropping of charges against Mdluli."

Maivha called on Mthethwa to pay "urgent attention" to the Mdluli saga, warning that the SAPS could "plunge deeper into crisis".

Mdluli has been touted to be appointed to the top position of national police commissioner.

Both Zuma and Mthethwa have remained mum on the controversy.

Mthethwa's spokesman, Zweli Mnisi, stressed that the minister's role was to provide strategic leadership and that SAPS management was more than capable of resolving operational matters.

The PAC's plea came on the same day that police portfolio committee chairman Sindi Chikunga barred the parliamentary committee from discussing Mdluli, saying it was not the right platform on which to debate his fitness to head such a crucial office.

"I don't believe, not for a minute, there is much that this committee can do . the murder charges must be responded to in a court of law. This is not a court of law," she said.

Chikunga's refusal to discuss the matter follows a request by DA MP Dianne Kohler Barnard for a special hearing on the Mdluli matter.

Chikunga said she found it "odd" that members had entered into discussions about Mdluli while deliberating over the SAPS Amendment Bill.

Kohler Barnard arrived at the meeting after Chikunga's announcement and could not be reached for comment yesterday.

Chikunga said it was not within the committee's scope to pronounce on any issues dealing with the allegations about secret-service funds as this was entering the intelligence domain.

Mdluli is alleged to have abused the police's slush fund to enrich himself and buy his girlfriends and family members cars and to rent them police property.

The Times reported yesterday that battle lines had been drawn between Mdluli and some of the top police officials in the country. He has accused officers, including suspended police commissioner Bheki Cele, of trying to block his ascendancy to the top of the force.

Mdluli - who since his suspension last year has avoided public appearances and communication with the media - shared a stage with Zuma at Workers' Day celebrations in Bloemfontein on Tuesday. He sat in a VIP section with other dignitaries.

Police spokesman Brigadier Lindela Mashigo said Mdluli was at the event on official police business, to provide assistance to the Free State provincial police commissioner.

"He is not a friend of the president and was there to work." -Additional reporting by Denise Williams

Mdluli's night of the long knives

Mdluli's night of the long knives
GRAEME HOSKEN and CHANDRÉ PRINCE | 03 May, 2012 00:17

National police crime intelligence chief Lieutenant-General Richard Mdluli has embarked on an all-out war to eliminate rivals opposed to his planned ascension to national police commissioner.

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Top graft buster targeted

Leaders' silence makes them part of the rot:
iLIVE The offensive - allegedly involving the Presidency, the Police Ministry and the national police commissioner's office - has involved Mdluli fingering his bosses as co-conspirators in a campaign to discredit him. Those bosses are suspended police commissioner General Bheki Cele, Hawks head Lieutenant-General Anwa Dramat, national crime detection and operational services head Lieutenant-General Shadrack Lebeya and Gauteng police commissioner Lieutenant-General Mzwandile Petros.

In the past month, Mdluli - a key figure in the inquest into the murder of his former lover's boyfriend - has narrowly escaped criminal prosecution for abuse of state resources, murder, defeating the ends of justice, fraud and corruption. He was then controversially reinstated to the powerful position of crime intelligence chief.

Since his reinstatement Mdluli has gained more muscle by ordering the restructuring of the crime intelligence unit, including the incorporation of the VIP protection unit.

Yesterday it emerged that Mdluli, whom the DA has asked parliament to scrutinise, is now in charge of approving any application for interception of communication.

In response to a parliamentary question from the DA, the SA Police Service revealed that Mdluli was the only one with signing powers to authorise bugging of telephone calls.

In a strongly worded letter to President Jacob Zuma, Police Minister Nathi Mthethwa and acting police chief Lieutenant-General Nhlanhla Mkhwanazi last week, Mdluli claimed that senior police officers Cele, Dramat, Lebeya and Petros were openly campaigning to remove him.

The letter has created major upheaval within the SAPS, with Mkhwanazi, who recently met Zuma to discuss the saga, fearing the outbreak of widespread panic "as senior officers tear each other apart in war".

Petros yesterday blasted the letter and its author, demanding an immediate investigation.

"I will not have it. I will not be accused of such things. I do not know where these allegations come from and what they are based on," he said.

Asked what action he was taking and for comment on Mdluli's reinstatement, Petros said he had too much to do fighting crime in Gauteng to become involved in conspiracies: "I am not going to be distracted by this. You need time and my hands are full. When I am wearing my uniform I have to stick to the facts. Only when I take my uniform off can I have my own opinion.

"When the time is right I will respond further," Petros said.

Attempts to get comment from Cele, Dramat and Lebeya proved fruitless.

Presidential spokesman Mac Maharaj said: "We issued a statement on the matter earlier and have no further comment."

Mkhwanazi said he had been approached about the letter "in passing".

"I was never given the letter officially. At the time I had no idea about Mdluli's suspension or the reasons [for it]. The letter said the suspension was not based on fact but on allegations from a senior group of officers allegedly trying to get rid of him.

"My response was that the letter needed to be submitted through proper channels, like the departmental hearing [intended to be held into Mdluli's conduct]. Unfortunately, the hearing never happened.

"I told him I did not know the merits of the case. I did not want to take [the letter]. What was I going to do with it? People will say anything to protect themselves and I cannot say whether these allegations are factual."

Mkhwanazi said Petros had asked him about the letter last week, saying he wanted to take action to clear his name.

"I told him he was free to do whatever he wants to do.

'This letter's public airing will create problems. I already have a huge challenge getting all my generals to work together in the common cause of fighting crime - now they are tearing each other apart in public. The legal action by Petros could see other generals doing the same thing. You can imagine what this will do to our image," Mkhwanazi said.

"You don't talk about this in public because it creates panic. Writing about this will cause problems, which will be regretted," he said.

He declined to discuss his meeting with Zuma.

South African Police Union general secretary Oscar Skommere lambasted Mdluli's "abuse of power for political ends".

"This is a recipe for disaster. It is unfortunate that police are deliberately misused by politicians just like [under] apartheid laws."

Skommere said Mdluli's connivance within the police had created instability in a very important unit. He vowed that they would fight Mdluli's meddling in court.

DA MP Dianne Kohler Barnard, who put forward the parliamentary question yesterday, said: "While any officer of the Hawks, for example, may apply for interception, this application has to be approved and neither the head of the Hawks nor anyone in the Hawks (at the rank of major-general) has the authority to approve any such application to the judge.

"Mdluli is, as a result, in an extremely powerful position - hardly a position the DA believes he should be in."

Kohler Barnard said the "debacle" could have implications both for the credibility of the police and for national security.

She said Mdluli had been mired in controversy and revelations about his conduct had "damaged" key state institutions, including the SAPS, the Hawks, the office of the inspector-general of intelligence and the National Prosecuting Authority.

She had written to police portfolio committee chairman Sindy Chikunga requesting a special hearing on the Mdluli saga.

TOP COP DECLARES WAR ON THE 'BAD APPLES'

"IT IS war. I am cleaning house and will not stop until all the bad apples, regardless of who they are, are removed once and for all."

In a exclusive interview, acting police commissioner Lieutenant-General Nhlanhla Mkhwanazi vowed to expose and deal with criminals within the police. He said nothing remained hidden in life.

"If someone is involved in something - be it stealing from slush funds or abusing police resources, and lies about it - those lies will one day catch up to you. I will prove that there are people strategically operating like a mafia and I will deal with these people. I will ensure justice is delivered.

"There are serious problems in the police, from crime intelligence, which has lots of things wrong with it, to a number of other divisions. I am on a mission to fix these problems.

"There were good reasons that I moved crime intelligence's generals around. I know who the problems are, and saw what the problems were and acted on them and will continue to act until they are gone."

Mkhwanazi said the extent of the problems became evident when he moved from the Special Task Force, "where we were often told there were no resources for equipment".

"Once I got to this level and saw the abuse of funds, I realised I could not sit back. When it is like this, how can anyone sit back and watch? Whoever thinks things are over and that I am done are wrong.

"Investigations are running. There is no quick fix but there will be results. It is war. A big war with lots of pain and we must vasbyt. Only those who are determined will see the future." - Graeme Hosken

Breytenbach seeks reasons for suspension

Breytenbach seeks reasons for suspension
2012-05-03 22:27


Read more stories about
Glynnis Breytenbach
Breytenbach seeks reasons for suspension - 03 May
Law society condemns prosecutor attacks - 03 May
Petros 'too busy' for Mdluli plot - 02 May
Breytenbach 'threatened court action' - 02 May
NPA 'concerned' by Breytenbach shooting - 01 May
Questions unanswered over NPA prosecutor - DA - 30 Apr
Mdluli prosecutor shot at - 30 Apr
NPA suspends Mdluli prosecutor - 30 Apr
NPA denies meddling in Mdluli case - 17 Apr



Johannesburg - Suspended National Prosecuting Authority prosecutor Glynnis Breytenbach has asked for reasons for her suspension, her lawyer said on Thursday.

"We have asked them to supply reasons," said Gerhaard Wagenaar.

Breytenbach was suspended on Monday for conduct relating to cases allocated to her, according to the NPA.

Wagenaar said Breytenbach was "all right" following shots being fired at her car, and an attempt to push her off the road.

On Tuesday, it was reported that Breytenbach, who is regional head of the Gauteng NPA's specialised commercial crime unit, was shot at on April 11 near an offramp on the N14.

On April 25, two BMW motorbike riders reportedly tried to force her off the road while she was on her way to a gym in Centurion.

No link to Mdluli

According to reports, Breytenbach was responsible for, among other cases, the fraud case against crime intelligence boss Richard Mdluli, but the NPA has denied any link between her suspension and Mdluli.

Wagenaar said he could confirm that she had written to acting NPA chief Nomgcobo Jiba to ask that he review the NPA's decision to not prosecute Mdluli.

He said he did not know the origin of a news report that Breytenbach would not hesitate to take the decision to court if a review was not granted.

The City Press reported in March that the allegations against Mdluli included defrauding crime intelligence to buy two new BMWs for him and his wife, appointing several family members as secret agents, and the unauthorised use of safe houses for his personal benefit.

Last week, Public Protector Thuli Madonsela said she would hold off on probing allegations of abuse of state funds against Mdluli, as the matter was being looked at by the inspector general of intelligence.

Mdluli is also involved in an inquest into the murder of his former lover's husband Oupa Ramogibe.

Spokespeople for the Hawks and the NPA were not immediately available to comment on whether progress had been made in finding out who had tried to shoot Breytenbach and force her off the road.


- SAPA

Read more on: npa | richard mdluli | glynnis breytenbach

Petros: Over 600 police arrested in Gauteng

Petros: Over 600 police arrested
2012-05-02 13:29



Pretoria - More than 600 police officers have been arrested in Gauteng since April last year, provincial police commissioner Lieutenant General Mzwandile Petros said in Pretoria on Wednesday.

Many of the arrests were attributable to tip-offs from community members, he said.

"If there is one thing the people of this province are sick of, it's corruption in the police," he told the national press club in Pretoria.

"It's good news that 600 police have been arrested [because] you want to be working hand-in-glove with people you trust."

The SA Police Service was not shy to investigate and arrest those within its ranks who could not be trusted, Petros said.

There were also concerns about criminals operating in private security companies.

"I shudder to think how many who don't take the [police] oath are involved in crime."

The leaders of security companies had been "very co-operative" with the police in dealing with the problem, he said.

Brigadier Neville Malila said the majority of crimes committed by police officials related to fraud and corruption.


- SAPA

Read more on: police | mzwandile petros | pretoria | johannesburg | crime | corruption

Breytenbach 'threatened court action'

Breytenbach 'threatened court action'
2012-05-02 10:18




Read more stories about
Richard Mdluli
Breytenbach 'threatened court action' - 02 May
Questions unanswered over NPA prosecutor - DA - 30 Apr
Mdluli prosecutor shot at - 30 Apr
NPA suspends Mdluli prosecutor - 30 Apr
Madonsela to probe acting top cop - 25 Apr
Public to stay in dark over Mdluli findings - 24 Apr
Protector: No Mdluli probe - 24 Apr
Mdluli: KZN cop in witness protection - 23 Apr
Mthethwa denies nepotism claims - 20 Apr



Johannesburg - A week before her suspension, prosecutor Glynnis Breytenbach threatened to challenge in court a decision not to prosecute crime intelligence boss Richard Mdluli, Beeld newspaper reported on Wednesday.

Breytenbach threatened to take the decision to court for a review if the National Prosecuting Authority did not reconsider its decision not to prosecute Mdluli.

Breytenbach said this in a memorandum to acting NPA chief Nomgcobo Jiba on April 24. Her lawyer, Gerhard Wagenaar, confirmed this to Beeld.

In the memo, she reportedly insisted there was a prima facie case of fraud and corruption against Mdluli. She asked Jiba to ask Lawrence Mrwebi, the director of specialised commercial crimes, to review the decision to withdraw the case against Mdluli.

Otherwise, Breytenbach reportedly said she would not hesitate to take the decision to court.

Her letter of suspension, dated April 23, was only served on her on Monday. The NPA said the charges "relate to her conduct in handling one of the cases allocated to her".

Shot at

On Tuesday, Beeld reported that Breytenbach, regional head of the NPA in Gauteng's specialised commercial crime unit, said she was shot at on April 11 on the N14 highway near an offramp. On April 25 two BMW motorbikes tried to force her off the road while she was on her way to a gym in Centurion.

Hawks spokesperson Colonel McIntosh Polela confirmed Breytenbach reported the shooting immediately after it took place.

According to reports, Breytenbach was responsible for, among other cases, the fraud case against Mdluli.

The NPA said at the time there was no link between Breytenbach's suspension and Mdluli.

City Press reported in March that the allegations against Mdluli include defrauding crime intelligence to buy two new BMWs for him and his wife; appointing several family members as secret agents, and the unauthorised use of safe houses for his personal benefit.

Public Protector Thuli Madonsela last week declined probing allegations of abuse of state funds against Mdluli, saying the matter was being looked at by the Inspector General of Intelligence.

Murder inquest

Mdluli is also involved in an inquest into the murder of his former lover's husband, Oupa Ramogibe.

Criminal charges relating to Ramogibe's 1999 murder were recently withdrawn against Mdluli, court orderly Samuel Dlomo, Colonel Nkosana Sebastian Ximba, and Lieutenant Colonel Mtunzi-Omhle Mthembeni Mtunzi.

The initial charges against Mdluli are intimidation, kidnapping, assault with intent to do grievous bodily harm, murder, attempted murder, and conspiracy to commit murder.

At the time of Ramogibe's killing, Mdluli was branch commander of the Vosloorus police station.

Mdluli is believed to be the front-runner to replace General Bheki Cele as police chief. Cele has been suspended pending the outcome of an inquiry into alleged misconduct relating to two lease agreements for new police headquarters in Pretoria and Durban.



- SAPA

Read more on: npa | richard mdluli | glynnis breytenbach

Top graft buster targeted

Top graft buster targeted
CHANDRÉ PRINCE | 02 May, 2012


Advocate Glynnis Breytenbach, one of South Africa's top prosecutors, might soon be granted 24-hour police protection after being shot at while driving by unknown gunmen.
Breytenbach - who headed the fraud and corruption case against crime intelligence boss Lieutenant-General Richard Mdluli and several other high-profile South Africans, and is regarded as a no-nonsense corruption buster - has in the past three weeks been the target of a shooting and an attempt to force her off the road while on her way home.

Following the shooting on April 11 and the road attack on April 25, the National Prosecuting Authority yesterday said it would, together with the police, conduct a security and risk analysis.

Her safety will be the subject of a parliamentary discussion.

NPA spokesman Mthunzi Mhaga said the authority's internal security and risk unit would urgently discuss Breytenbach's safety with law enforcement agencies to determine whether she needs protection.

This could include round-the-clock body-guards if a serious threat is identified.

"We're concerned about her life being at risk . protection or the facilitation of protection of NPA employees is done when a threat is identified during a risk assessment," said Mhaga.

If given protection, Breytenbach will be the second prosecutor dealing with allegations against Mdluli to be placed under police guard.

Last year, April Kholeka Gcaleka - who prosecuted Mdluli in a case involving murder, kidnapping and defeating the ends of justice - was also placed "under protection". She was on several occasions escorted from the Boksburg Magistrate's Court by two armed policemen and driven away in a police vehicle.

At the time, Johan Burger, a senior analyst at the Institute for Security Studies, said the two most likely scenarios in which Gcaleka would be assigned a police escort were if there were "a typical Mafia-style crime network, in which case everyone involved in the trial should be protected", or if Mdluli's influence were "so great that there would be fears about her safety".

Breytenbach is understood to have pushed for the fraud case against Mdluli to be continued, but it was questionably removed from the court roll in December.

The charges relate to Mdluli's alleged use of state funds to buy a BMW car for personal use, and abuse of the police's secret slush fund.

The shooting at Breytenbach's car occurred amid growing suspicions that Mdluli, said to be close to President Jacob Zuma, will be appointed national police commissioner once suspended police boss Bheki Cele has left the scene.

Already, all criminal charges and internal police disciplinary proceedings against Mdluli have been withdrawn.

Yesterday, Mdluli joined Zuma and others at Workers' Day events in Bloemfontein.

The NPA's concerns about Breytenbach's safety follow reports that her car was attacked in Centurion.

Beeld yesterday reported that Breytenbach, regional head of the NPA in Gauteng's specialised commercial crime unit, said she was shot at on April 11 near an off-ramp on the N14 highway while on her way to her home in Centurion.

On Wednesday last week, two BMW motorcycles tried to force her off the road while she was on her way to the gym.

"If it was an attempt to intimidate me, it was not successful," she said.

She reported both incidents to the Hawks, but not to the police because she could not identify her alleged assailants.

A seasoned advocate, Breytenbach has been at the helm of sensitive high-profile cases, including the arms deal investigation and the probe into the awarding of mining rights at Sishen to politically-connected Imperial Crown Trading.

Kumba Iron Ore subsequently laid a charge of fraud against ICT, and Breytenbach was appointed prosecutor in the case.

On Monday, Breytenbach was suspended - three months after being served with a notice of intention to do so.

Other than saying that the charges "relate to her conduct in handling one of the cases allocated to her", the suspension letter did not elaborate.

Her lawyer, Gerhard Wagenaar, confirmed her suspension by acting NPA head advocate Nomgcobo Jiba, saying the official reason given was that his client had allegedly abused her powers in the Kumba fraud case.

Wagenaar said he did not know how many charges she faced as they had not received a charge sheet.

Wagenaar said they would decide on the way forward once they had received more details from the NPA.

NPA communications manager Bulelwa Makeke said a disciplinary hearing would be convened within about two weeks.

Asked about the timing of Breytenbach's suspension, Makeke said the delay was due to correspondence between Breytenbach and the NPA, including clarity and further explanations of issues raised by the authority.

Breytenbach has not yet reported the shooting to her NPA bosses.

Said Mhaga: "[We are] worried that the matter was never reported to our security and risk unit because she is still an NPA employee, although on suspension.

"We will follow up this matter with law enforcement and our unit will contact her to get more details and how best to assist her."

Hawks spokesman Colonel McIntosh Polela yesterday confirmed that Breytenbach had reported the incidents to his unit immediately after they happened.

He, however, said she spoke to a senior Hawks official and specialised crime unit investigators. No official case was opened.

"Without an open case, it would be difficult for the Hawks to proceed, but we will follow up on it," said Polela.

The shooting - seen as an intimidation attempt - along with Breytenbach's suspension, has outraged the African Christian Democratic Party's Steve Swart, a member of parliament's justice and constitutional development portfolio committee.

"It is very clear that this campaign of intimidation is linked to advocate Breytenbach's involvement in high-profile cases, including her resistance to the dropping of charges against crime intelligence boss, Richard Mdluli and [Imperial Crown Trading] and [expelled ANC Youth League president Julius] Malema matters," Swart said.

He said prosecutors should be able to perform their duties without fear, favour or prejudice. Swart said the ACDP had previously expressed concerns about the safety of prosecutors in high-profile cases.

"This case cries out for such urgent protection. The ACDP calls on the NPA to urgently provide bodyguards for Advocate Breytenbach, considering that she states she is still being followed."

Swart said the matter would be pursued in parliament.