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DA: Statement by Dianne Kohler Barnard, Democratic Alliance Shadow Minister of Police, calling for National Police Commissioner Nhlanhla Mkhwanazi to be suspended (30/08/2012)

30th August 2012

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The DA finds it unbelievable that National Police Commissioner Phiyega has moved former acting National Police Commissioner Nhlanhla Mkhwanazi to a top position despite his being under investigation for covering up a murder. Phiyega should suspend him, not give him a top job.

It has been reported that Phiyega has moved Mkhwanazi to the position of Provincial Police Commissioner in the Northern Cape.

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Earlier this year, the DA asked the Public Protector to investigate Mkhwanazi for being an accomplice to murder, obstruction of justice for failing to co-operate in the murder investigation as well as failing to investigate the misappropriation of millions of rands of the Crime Intelligence Secret Fund

The Inspector General of Intelligence is looking into potential abuses of the Crime Intelligence Fund. The Public Protector indicated that “after a careful assessment of the complaint [against Mkhwanazi], I have determined that there is a prima facie case of improper conduct and abuse of power, which warrants an investigation”. The investigation is currently underway.

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It is therefore unfathomable that Commissioner Phiyega has decided to shuffle him to a new position instead of suspending him.

It has also been reported that he – at just 38 years of age – is being considered for ‘early retirement’ in terms of the notorious Section 35 of the SAPS Act. This will entitle him to a full pension plus a huge cash pay-out. So first Commissioner Phiyega will move him from head office to a provincial top position – instead of suspending him – then she will allow him to retire early and get a nice sum of money and benefits. This not only rewards his questionable conduct, but will result in yet another vacancy left in the top brass of the SAPS.

The new National Police Commissioner should have done everything in her power to avoid emulating the bizarre example of her predecessor, yet here she is offering Section 35 to Mkhwanazi, and allegedly many others appointed by former National Police Commissioner Cele. Cele, too, had granted Section 35 to a number of SAPS members, some of whom were still under criminal investigation.

Is there no end to this Commissioner’s inability to make the right decisions?

I will be writing to Commissioner Phiyega today to ask that she suspend Mkhwanazi pending the result of the Public Protector’s investigation.

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