North West Intervention: IPID briefing

Meeting report

The Chairperson opened the virtual meeting and welcomed Members, and the delegation from the Independent Police Investigative Directorate (IPID). The delegation from the IPID consisted of Ms Antonett Mphago (Chief of Staff), Mr Robert Mamabolo (a representative from the IPID) and Mr Matthews Sesoko (National Head of Investigation).

The purpose of this virtual meeting was for the Committee to be briefed by the IPID on progress made in the North West province regarding cases and investigations affecting the Section 100 Intervention, as implemented in 2018 in accordance with our Constitution.

Opening remarks by the Chairperson

The Chairperson stated that the IPID gave a comprehensive briefing to the Committee during its previous engagements. The briefing from the IPID during this meeting aids the Committee to perform its oversight function by elaborating on the questions previously raised by Members. The Section 100 intervention in the North West province has highlighted the issues and widespread corruption within the provincial government, which has subsequently been placed under administration. Allegations of corruption, fraud, and financial misconduct have been the core reasons why the North West was subjected to the invocation of Section 100 of the Constitution. It was thus necessary that these allegations be investigated, and IPID plays a crucial role in these investigations and opening of criminal cases. This is paramount in ensuring that wrongdoers are held accountable and brought to justice.

The briefing scheduled by the IPID must help the Committee to understand what the source of the problems in the North West were, and what is being done to ensure that the situation is rectified, and people are held accountable.

Briefing by the IPID on the Section 100 Intervention in the North West

The first item on the agenda was for the Committee to reflect on the reports tabled by law enforcement agencies during its previous meetings. Mr Robert Mamabolo, a representative from the IPID, presented the briefing together with Mr Matthews Sesoko, National Head of Investigation of the IPID.

Overview of cases relating to the North West province

The IPID reported that it has not received cases with allegations relating to the interference with the work of the Committee, corrupt businesses practices, or the mismanagement of government resources by the South African Police Services (SAPS). It was reported that there are five main investigations relating to the North West General Mabula team. This included the cases of Sinoville (CAS 534/05/2017), Akasia (CAS 523/06/2006), Hillbrow (CAS 988/06/2017), and two matters relating to Klerksdorp (CAS 188/01/2010 and 300/04/2020). Out of these five investigations, three matters are currently on the court roll. One matter is still under investigation, and another is still awaiting the outcome of the decision to be reviewed.

Breakdown of the cases

Regarding the Sinoville-case, it was reported that the outcome of the review of the decision is still outstanding. During this investigation, allegations regarding corruption and money laundering surfaced. Further allegations included the abuse of power by General Phahlane in his power as Acting National Commissioner and attempts to interfere with the investigation of the IPID to defeat the ends of justice. This investigation is linked to the investigation into the R96 million of funds involving corruption and money laundering against General Phahlane and service providers involved. This case was resubmitted to the National Director of Public Prosecutions after an initial decision not to prosecute in the matter. It was submitted by the IPID for further review. It is now being handled by the Investigating Directorate of the National Prosecuting Authority (NPA).

Regarding the Akasia-case, this investigation involved allegations of murder against General Mabula and his team. This relates to a theft of R14 million from Benoni. The Organised Crime Unit was deployed to investigate these cases. The suspect in the case was taken to a station of the SAPS where he was tortured and subsequently died. The NPA has held that a formal inquest must be held in this matter, and it is scheduled for one. It is now being handled by the Investigating Directorate of the NPA.

Regarding the Hillbrow-case, the investigations into the allegations of torture against General Mabula and his team has been completed. This case is connected to the Akasia-case, as outlined above. The Director of Public Prosecutions has decided to prosecute, and the matter will be heard in the High Court. The defending legal representatives have made representations to the Director of Public Prosecutions, which was declined. The case appeared on the court roll for the first time on 20 December 2020. The case has been postponed to 16 April for a trial hearing, and the outcomes of further representations to the NPA. This matter is now being handled by the Investigating Directorate of the NPA.

Regarding the first Klerksdorp-case, the IPID reported that this included cases from Klerksdorp, Potchefstroom, Kanana, and Jouberton. The modus operandi in these cases was all similar. The case was provisionally withdrawn for the NPA to centralise the prosecution of the cases. However, when this matter was reinstated on the court roll, the NPA decided to charge the Warrant Officer and Lieutenant Colonel involved. The case is currently on the court roll and has been postponed to 15 to 19 March 2021 for further trial. Witnesses have already testified in this matter.

Regarding the second Klerksdorp-case, it was reported that it involved an investigation into the alleged death as a result of police action. In this matter, the law enforcement agency involved was chasing robbery suspects, and an exchange of gunshots between the parties ensued. The police action resulted in a gunshot killing one of the suspects. This investigation has been completed, and at this stage the IPID was of the view that the shooting seemed to be justified under the circumstances. The only outstanding item is the ballistic report that will be obtained for the docket to be referred to the NPA for decision on whether to prosecute.

Discussion

Mr S du Toit (FF+, North West) stated the concern that Members were provided with a copy of the presentation only 20 minutes before the commencement of the meeting. It is unacceptable to expect Members to participate in the briefing in an effective manner without giving Members adequate time to prepare on these matters that must be treated as urgent.

Mr S Zandamela (EFF, Mpumalanga) stated that the briefing by the IPID reported that there were no cases received with allegations relating to the interference with the work of the Committee, corrupt businesses practices, or the mismanagement of government resources by the SAPS. This meant that nothing related to the Section 100 Intervention in the North West province has been investigated by the IPID. There are clear signs that the law enforcement agency is not doing what it is supposed to. It seems as if the law enforcement agencies tasked with the duty of investigating these matters are dragging its feet.

Ms C Visser (DA, North-West) stated that she got the impression that the briefing by the IPID was rushed, including the presentation submitted to the Committee for Members to peruse before the meeting. She stated that the briefing did not provide the Committee with the information it required.

The Chairperson asked how the involvement of the Hawks in the investigations in the North West has negatively implemented the IPID’s ability to investigate allegations of crime and corruption in the province. The IPID was clear that it was handling cases outside of the North West province, outside its jurisdiction.

Response by the IPID

Mr Mamabolo submitted the IPID’s apology for the late submission of the documents. He stated that this delay was as a result of the IPID having to go back to its records to make sure that all cases have been captured. In addition, the delay was a consequence of ensuring that all cases’ statuses are up to date before it is presented to the Committee.

Mr Sesoko responded that the IPID investigates the reasons why a matter is not investigated (such as corruption). The evidence at the disposal of the IPID was that General Phahlane and his team tried to interfere into the investigations, and as such charges were laid against officials from the SAPS. In response, cases were opened against the IPID and its investigators as retribution. The IPID had to go to court for a declaratory order to stop interference into its investigations. These interferences significantly hampered the IPID’s investigations and caused severe delays.

Follow-up Discussion

The Chairperson thanked the IPID for its briefing to the Committee, and the background provided to the investigations it is conducting against officials from the police and the SAPS.

Mr du Toit reemphasised the need for the IPID (and any other law enforcement agency appearing before the Committee) to submit its documents to Members on time and well-ahead of the scheduled briefing. The Committee will have to schedule a follow-up meeting with the IPID to allow Members to submit questions and concerns after they have had the time to thoroughly engage with the briefing made.

Mr Y Carrim (ANC, KwaZulu-Natal) agreed to the proposal of a follow-up meeting with the IPID and suggested that the officials or representatives from the SAPS also be in attendance. He emphasised the need to look into how other parliamentary committees can be tasked with investigating and evaluating the matters relating to the allegations against the SAPS.

Ms M Gillion (ANC, Western Cape) agreed with Members’ submissions regarding the unacceptable late submission of documents to the Committee. It is paramount that Members are afforded enough time and opportunity to engage with the information presented.

The Chairperson stated that the Committee will follow up with the representatives from the SAPS and the IPID to ensure that the concerns and questions by Members are addressed. He stated that the Committee was dissatisfied with the IPID’s late submission of the documents before the meeting.

He concluded that it was horrific to see that administrators and officials charged with the duties of fighting corruption are now the accused people being charged for serious crimes, as reported by the IPID.

He also reminded Members that the next meeting of the Committee is scheduled for Monday, 08 March 2021, at 13h00.

The meeting was adjourned.