Crime Intelligence chiefs allege political motives behind arrest threats
Crime Intelligence boss Dumisani Khumalo appeared before the Ad Hoc Committee.
Image: Armand Hough/Independent Newspapers
Head of Crime Intelligence Lt-General Dumisani Khumalo and Major-General Nozipho Madondo claim their looming arrests are fuelled by political infighting and factional motives rather than lawful prosecution.
This is according to their complaint submitted to the Minister of Justice and Constitutional Development on Monday.
The generals want Minister Mmamoloko Kubayi to intervene and resolve the situation.
The letter was also forwarded to Acting Police Minister Firoz Cachalia.
Head of Crime Intelligence Lt-General Dumisani Khumalo and Major-General Nozipho Madondo have requested Justice Minister Mmamoloko Kubayi to intervene and resolve the situation following confusion surrounding an attempted arrest that was never carried out.
Image: Timothy Bernard / ANA Studio
The complaint comes after the Investigating Directorate Against Corruption (IDAC) instructed the pair to report to the Brooklyn police station with overnight bags in anticipation of arrest warrants last week.
This was after both Khumalo and Madondo received a call that a warrant of arrest had been issued against them.
The generals waited for hours before being told by a senior investigator that management had ordered the operation not to proceed.
The National Prosecuting Authority (NPA) subsequently clarified that while the arrest warrants remain valid and in existence, their execution was put on hold. The suspension was implemented because both generals are actively overseeing critical national security duties related to the upcoming immigration protests.
In the complaint, filed through Mahlanga INC, the two said investigators failed to take their warning statements or officially explain the basis of the new fraud and corruption allegations.
The generals said the investigator also failed to provide reasons why the arrests were postponed.
“Notwithstanding the phone call postponing the arrest, our clients nonetheless spent an hour at the Brooklyn police station, and no one from IDAC arrived, and our clients were never attended to. IDAC, through the media outlets, confirms that there is a warrant of arrest against Khumalo and Madondo, the arrest would be effected at any time against our clients,” read the complaint.
Department of Justice spokesperson Palesa Rammitlwa said Kubayi will issue a statement on the matter in due course.
IDAC spokesperson Henry Mmamothame and Police Ministry spokesperson Kamogelo Mogotsi did not respond.
The lawyers said they have raised these concerns with the Office of the National Director of Public Prosecutions and IDAC, and are waiting for answers.
“Our clients have reason to believe that IDAC is hell-bent on arresting our clients on frivolous charges, all of which are intended to derail our clients from performing their lawful duties, the consequences of which are out in the public for all to see.”
They said there are clear indications of deep political conflict within the security division, which falls under Kubayi’s management, which prompted them to notify Cachalia about the letter as well.
“It is not obvious from our vantage point where the minister’s intervention is most needed, but it would be irresponsible of our clients to sit by and not bring these facts to the attention of the minister as the executive authority of the NPA, lest our clients become complicit in the commission of these gross rights violations.
“Clearly, this matter cries out for the minister’s attention and intervention, not because our clients are doubtful about the strength of their defence on these frivolous and meritless criminal charges, but primarily for the minister to defend the integrity of the NPA and IDAC, who are mandated constitutionally to prosecute without fear, favour and prejudice”
Mhlanga Inc Director, Sihle Hlongwane, said delaying the scheduled arrest at the Brooklyn police station under the pretext of managing June 30 security threats is a deceptive tactic.
“It has always been known that our clients are executing that task, and, therefore, the decision to call them to the Brooklyn police station for the intended arrest was taken with that full knowledge. The excuse for postponing the arrest is a ruse, as it was clear that the intended arrest had ulterior motives. Our clients could have been issued with a summons, as well as warning statements taken; none of those options were explored,” he said.
Khumalo, Madondo, and three other senior officials are standing trial for fraud and corruption relating to the irregular hiring of Dineo Mokwele as a Brigadier in the Technical Support Services (TSS) division.
Mokwele, a civilian, allegedly lacked the required qualifications, law enforcement experience, and vetting clearance for the sensitive intelligence post.
The attorneys said Mokwele’s appointment was approved by the national commissioner and was in line with the National Instruction 3 of 2005, 10 and 11 of 2017, adding that it was clear that IDAC has no prospects of success in proving charges against the five.
“The continued prosecution of our clients is nothing more than a malicious prosecution with significant undertones of political infighting within the security cluster for which we believe the minister is a member of and executive authority responsible for NPA and, in turn, IDAC,” the complaint read.
Cape Times
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