Former Independent Police Investigative Directorate (Ipid) head Robert McBride and seven senior officials have launched a scathing legal attack on public protector Busisiwe Mkhwebane’s report on the directorate, contending it should be overturned on at least 18 grounds.
McBride, his head of investigations Matthews Sesoko and the six other Ipid officials against whom Mkhwebane has made findings are applying for an interim interdict to stay the remedial action she has called for against them. The remedial action includes an order that they face disciplinary action. They want it to be stayed pending the outcome of their review of the entire report.
The Ipid officials join a growing list of senior government officials including President Cyril Ramaphosa, public enterprises minister Pravin Gordhan and former minister of land reform & rural development Gugile Nkwinti, seeking redress from the courts after Mkhwebane’s findings.
They accused Mkhwebane of ignoring exculpatory evidence given by Ipid officials in response to her scathing preliminary findings against the Ipid and McBride — who is one of 28 candidates vying to replace advocate Kevin Malunga as deputy public protector.
“During the course of the public protector’s investigations, we explained to the investigative team why the draft report is inaccurate. Our submissions on this point were credible. They were detailed and corroborated. In the final report, however, the public protector curiously does not consider and evaluate all our explanations and evidence.”
Mkhwebane had also ordered that Ipid executive director Victor Ofentse Senna initiate judicial review proceedings to set aside cellphone expert Theresa Botha’s 2017 appointment as a deputy director of the national specialised investigation team.
In the review application filed on Tuesday, McBride and the officials want the high court in Pretoria to order that Mkhwebane, who has been the subject of multiple adverse court rulings about her honesty and competence had failed to comply with her constitutional obligations in her investigation of the directorate.
In the contested report released in September, Mkhwebane found the Ipid — which is reportedly pursuing a potentially explosive investigation into allegations of widespread fraud and corruption in the SA Police Service and State Information Technology Agency — was guilty of procurement irregularities, irregular appointment and maladministration in terms of its subsequent permanent appointment of Botha.
Sesoko contends in court papers that Mkhwebane’s report was “plagued with flagrant factual inaccuracies, illogical conclusions and errors of law”.
“It is plainly irrational, unreasonable and unlawful,” he said.
Sesoko contended that McBride was “fully justified” in using emergency procurement to hire Botha, at a time when anonymous death threats were being made against investigators and witnesses involved in a corruption probe against former national police commissioner Khomotso Phahlane.
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.