The SA Police Union has called for Police Minister Nathi Nhleko to be investigated by a judicial panel after he told parliament that an investigation into how the police's covert crime intelligence unit appointed a former criminal to a senior position had been closed.
Nhleko told parliament in February the police had closed the investigation, as the allegations were "unfounded".
It is one of 14 cases of perjury the police were meant to investigate around the hiring of criminals into the crime intelligence unit in contravention of police regulations.
The Times has seen documents dating back to 2012 showing that the then inspector-general of intelligence, Faith Radebe, and the former acting national police commissioner Nhlanhla Mkhwanazi both felt that the 14 appointments should be investigated. But it seems the cases have been shelved.
Analysts, the union and civil society groups say the appointment of people with criminal records to South Africa's elite crime intelligence unit is a major concern as it points to flouting of procedures that could affect the police's ability to fight crime.
The Times is in possession of the names of the 14 crime intelligence operatives allegedly illegally appointed in 2010 during the tenure of now suspended crime intelligence head Lieutenant-General Richard Mdluli.
Those appointed have been convicted of, among other crimes, murder, assault with intent to do grievous bodily harm, fraud and theft.
On February 11, Nhleko, responding to parliamentary questions by DA MP Marius Redelinghuys, stated that docket 186/01/2012 - relating to perjury - was closed on March 29 2012 and that "no one was charged".
The docket relates to a senior officer who joined the police after he allegedly lied about convictions for murder, attempted murder, and reckless and negligent driving.
Perjury cases were opened against all 14 of the covert crime intelligence agents for lying about their convictions.
According to the SAPS Act, any person "who by means of certificate or false representation obtains an appointment in the service, or having been dismissed, any salary, wages, allowances, gratuity or pension, shall be guilty of an offence and liable to a fine or to imprisonment".
In January 2011 Mdluli signed an internal document authorising the appointment of people with criminal records to the crime intelligence unit.
Despite Mdluli's authorisation, then inspector-general Radebe, wanted the cases referred to the National Prosecuting Authority.
The general secretary of the SA Police Union, Mpho Kwinika, said: "If the minister was complicit he must be investigated. A commission of inquiry must be established.
"Under the SAPS Act, if you have a previous criminal conviction or criminal record you cannot become a police officer," Kwinika said. "If the minister was unaware that the information he received was incorrect, then those who compiled the responses must be investigated."
Kwinika said there must be an inquiry into the police crime intelligence unit and how its appointments were made, "especially of convicted criminals".
"Once in covert intelligence, people vanish off the radar. They are accountable to none. The unit survives on complete anonymity."
An internal police document, dated April 25 2012, addressed to then acting national police commissioner Mkhwanazi, states: "On the 22 February 2012 the following case dockets were handed to Advocate Faith Radebe - inspector-general for intelligence - for a decision.
"The IG recommended that the matter be referred back to the National Prosecuting Authority for the institution of criminal charges. On the 23/03/2015, the dockets were returned to this office from the office of Lieutenant-General Anwa Dramat .
"The investigation of the dockets has not yet been completed and it is recommended that the investigations be completed and the dockets sent to the NPA/Director of Public Prosecutions or Senior Public Prosecutor for a decision. Your decisions as to whether this office must continue with the investigation of the above case dockets or otherwise will be appreciated."
Mkhwanazi replies on the same document: "Investigations should proceed as directed by the inspector-general of intelligence."
The police did not reply to detailed questions sent by The Times on June6 asking what had happened to the investigations. Follow-up e-mails, sent on June 14 and 17, went unanswered.
In an SMS sent this week, The Times was told it will get a response in "due course", with no timeline supplied.
Appointments at crime intelligence have raised alarm since 2012, when allegations of maladministration first surfaced.
Civil society groups have also raised concerns that the office of the inspector-general has been vacant for over a year. The inspector-general's main function is to monitor the intelligence agencies and their compliance with the law.
Right2Know spokesman Murray Hunter said the inspector-general was a crucial and constitutionally demanded watchdog "for exactly the situation that is occurring here.
"With no inspector-general there is no effective oversight, no one able to stop any power abuse.
"The lack of such a watchdog violates the constitution. A healthy crime intelligence unit is vital for policing but it's manned by people with huge powers.
"The fact that there might be criminals employed in these structures is concerning."
Unisa criminologist Anthony Minnaar said the disarray in the police crime intelligence section had a huge adverse effect on crime prevention.
Union wants Nhleko investigated after police stop looking into how ex criminal got senior position
Nhleko told parliament in February the police had closed the investigation, as the allegations were "unfounded".
It is one of 14 cases of perjury the police were meant to investigate around the hiring of criminals into the crime intelligence unit in contravention of police regulations.
The Times has seen documents dating back to 2012 showing that the then inspector-general of intelligence, Faith Radebe, and the former acting national police commissioner Nhlanhla Mkhwanazi both felt that the 14 appointments should be investigated. But it seems the cases have been shelved.
Analysts, the union and civil society groups say the appointment of people with criminal records to South Africa's elite crime intelligence unit is a major concern as it points to flouting of procedures that could affect the police's ability to fight crime.
The Times is in possession of the names of the 14 crime intelligence operatives allegedly illegally appointed in 2010 during the tenure of now suspended crime intelligence head Lieutenant-General Richard Mdluli.
Those appointed have been convicted of, among other crimes, murder, assault with intent to do grievous bodily harm, fraud and theft.
On February 11, Nhleko, responding to parliamentary questions by DA MP Marius Redelinghuys, stated that docket 186/01/2012 - relating to perjury - was closed on March 29 2012 and that "no one was charged".
The docket relates to a senior officer who joined the police after he allegedly lied about convictions for murder, attempted murder, and reckless and negligent driving.
Perjury cases were opened against all 14 of the covert crime intelligence agents for lying about their convictions.
According to the SAPS Act, any person "who by means of certificate or false representation obtains an appointment in the service, or having been dismissed, any salary, wages, allowances, gratuity or pension, shall be guilty of an offence and liable to a fine or to imprisonment".
In January 2011 Mdluli signed an internal document authorising the appointment of people with criminal records to the crime intelligence unit.
Despite Mdluli's authorisation, then inspector-general Radebe, wanted the cases referred to the National Prosecuting Authority.
The general secretary of the SA Police Union, Mpho Kwinika, said: "If the minister was complicit he must be investigated. A commission of inquiry must be established.
"Under the SAPS Act, if you have a previous criminal conviction or criminal record you cannot become a police officer," Kwinika said. "If the minister was unaware that the information he received was incorrect, then those who compiled the responses must be investigated."
Kwinika said there must be an inquiry into the police crime intelligence unit and how its appointments were made, "especially of convicted criminals".
"Once in covert intelligence, people vanish off the radar. They are accountable to none. The unit survives on complete anonymity."
An internal police document, dated April 25 2012, addressed to then acting national police commissioner Mkhwanazi, states: "On the 22 February 2012 the following case dockets were handed to Advocate Faith Radebe - inspector-general for intelligence - for a decision.
"The IG recommended that the matter be referred back to the National Prosecuting Authority for the institution of criminal charges. On the 23/03/2015, the dockets were returned to this office from the office of Lieutenant-General Anwa Dramat .
"The investigation of the dockets has not yet been completed and it is recommended that the investigations be completed and the dockets sent to the NPA/Director of Public Prosecutions or Senior Public Prosecutor for a decision. Your decisions as to whether this office must continue with the investigation of the above case dockets or otherwise will be appreciated."
Mkhwanazi replies on the same document: "Investigations should proceed as directed by the inspector-general of intelligence."
The police did not reply to detailed questions sent by The Times on June6 asking what had happened to the investigations. Follow-up e-mails, sent on June 14 and 17, went unanswered.
In an SMS sent this week, The Times was told it will get a response in "due course", with no timeline supplied.
Appointments at crime intelligence have raised alarm since 2012, when allegations of maladministration first surfaced.
Civil society groups have also raised concerns that the office of the inspector-general has been vacant for over a year. The inspector-general's main function is to monitor the intelligence agencies and their compliance with the law.
Right2Know spokesman Murray Hunter said the inspector-general was a crucial and constitutionally demanded watchdog "for exactly the situation that is occurring here.
"With no inspector-general there is no effective oversight, no one able to stop any power abuse.
"The lack of such a watchdog violates the constitution. A healthy crime intelligence unit is vital for policing but it's manned by people with huge powers.
"The fact that there might be criminals employed in these structures is concerning."
Unisa criminologist Anthony Minnaar said the disarray in the police crime intelligence section had a huge adverse effect on crime prevention.
Would you like to comment on this article?
Register (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.
Trending Now
Latest Videos