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SA: Statement by South African Police Service, Minister Nathi Mthethwa to file court papers challenging the Khayelitsha Commission of Inquiry (31/10/2012)

31st October 2012

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The Minister of Police, Nathi Mthethwa has decided to challenge, legally, the establishment of the Commission of Inquiry by Western Cape Premier, Ms Helen Zille and have it set aside, whilst appropriate platforms are followed to address the challenges of crime in Khayelitsha.

The legal team is currently finalising the papers and are expected to be filed before the end of this week. The Minister’s decision follows a protracted process initiated by him in the spirit of goodwill and inter-governmental cooperation, including one-on-one discussions with the Premier. During their meeting as well as exchanges of correspondences, the Minister outlined substantive reasons why he believed the establishment of such a commission was a premature approach in addressing the challenges of crime in Khayelitsha.

“I have indicated during my engagements with Premier Zille, substantiated my reasons and proposed an approach around the challenges of crime in Khayelitsha. I have further emphatically stated that we do not question her powers to set up such a commission, however remain convinced that there were various avenues where the issue could have been raised, but never was.”

“The rationale behind setting up of such a commission, which at a strategic level only focuses on the South African Police Service (SAPS) and not the Western Cape Metro police, is suspicious if not questionable. Despite the engagements we held with the Premier over the past weeks, it is evident that she is determined to continue with the commission by hook or crook, which leaves us with no option but to challenge the matter, through the legal framework,” stated the Minister.

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