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The KwaZulu Natal Provincial Government has confirmed that public money is being used to pay the legal costs of suspended National Police Commissioner and former KZN Transport, Community Safety and Liaison MEC Bheki Cele's defamation case.

The Provincial Government has attempted to justify this expenditure on the grounds that it is “implicated in the case”. But Mr Cele's legal papers reveal that he is not cited in his capacity as MEC. Therefore, the Provincial Government is not “implicated” as it suggests.

Mr Cele cites himself in his personal capacity, using his home address, and in his description states that he is a "political figure" which includes, firstly, being a "high-ranking member" of the ANC and, secondly, an MEC (at the time).

My colleagues in the KwaZulu Natal Provincial Legislature will this week be calling for the Provincial MEC for Community Safety and Liaison, Willies Mchunu, to urgently appear before the Portfolio Committee.

Mr Mchunu must explain why state funds are going to be used to pay for Mr Cele’s legal fees, given that there appears to be no legal basis for this decision.
It is quite clear that Mr Cele is not suing in his capacity as MEC or on behalf of the provincial government.

In his claim for damages, Mr Cele refers, inter alia, to injury to "his privacy and personal integrity", "his good name and reputation" and the "personality image of the plaintiff". Nowhere is any mention made of injury to the office of the MEC or provincial government.

Even if it could be argued that the office of the MEC is implicated (which it clearly is not), the same could be argued of the ANC. Why, then, are they not paying for his costs?

This appears to be an attempt by the KwaZulu Natal provincial authorities to use public money which should be used for service delivery to pay the legal fees of an ANC cadre.

It should not be up to the South African people to fight the disgraced suspended Police Commissioner’s legal battles.