Selebi should be prosecuted ¬ ICD
Thursday, February 3, 2000
Daily Dispatch Correspondent and Sapa
JOHANNESBURG -- The Independent Complaints Directorate's shock recommendation that police chief Jackie Selebi be prosecuted for intimidation was met with a wall of silence yesterday as officials from all sectors clammed up.
The ICD, a body tasked by the government to investigate police conduct, was called in to investigate the intimidation docket after North West police sergeant Julian Mabelane accused the national commissioner of having threatened him.
The directorate, following a two-week investigation, yesterday found prima facie evidence that Selebi had, through his conduct, caused Mabelane to fear for the security of his livelihood -- a contravention of the Intimidation Act.
Mabelane claimed he had been involved in an argument over straw with Selebi's uncle. Selebi allegedly summoned Mabelane to his office at police headquarters in Pretoria on December 30 and told Mabelane to apologise to his uncle or face dismissal.
The directorate suggested that Selebi be prosecuted for his actions, and further recommended that Safety and Security Minister Steve Tshwete draw the attention of the Cabinet to the matter, highlighting its powers under sections 8 and 9 of the Police Act.
In terms of the law, if Selebi has lost the confidence of the Cabinet, President Thabo Mbeki may establish a board of inquiry consisting of a judge of the high court as chair and two other suitable persons to look into the circumstances under which confidence was lost, compile a report and make recommendations.
The ICD, after hearing the recommendations, passed the docket on tothe Director ofPublic Prosecutions, Bulelani Ngcuka.
"The director has received the docket and has passed it on to the DPP (director of public prosecutions) in Pretoria (Dr Silas Ramaite). He will make a decision in due course. It's a thick docket so it may take some time," said Sipho Ngwema, Ngcuka's spokesperson.
Tshwete's spokesperson, André Martin, said the ministry declined to comment on the issue.
Selebi's spokesperson, Sally de Beer, said the commissioner was not prepared to comment on the matter.
The intimidation charge is the second to be laid against Selebi since he took over as national police commissioner last month. Last month the ICD found that Selebi
-649-
*Wait to load
had called Sergeant Jeanett Mothiba a chimpanzee.
The directorate recommended that Selebi not be charged with crimen injuria, but that he be counselled by Tshwete.
The ICD has been unable to find any case law precedent to Selebi's case. Senior Superintendent Strini Govender, spokesperson for the SAPS human resources division, said if a policeman was charged with intimidation the case would be investigated and passed on to the Directorate of Public Prosecutions for a decision on whether or not to prosecute.
If criminal procedures followed, the accused would also be suspended if the merits of the case warranted disciplinary action.
Martin Schönteich, a researcher from the Institute for Security Studies, said the ICD's decision to prosecute was a principled one, but added: "It's bad for morale, especially since this is not the first charge against Selebi.''
Political parties yesterday expressed concern about the Selebi matter.
The leader of the United Democratic Movement, Bantu Holomisa, urged the Safety and Security Ministry to immediately suspend Selebi pending the outcome of a decision by Ngcuka.
The Inkatha Freedom Party said the recommendation should be handled transparently and should Ngcuka opt not to prosecute, he should give clear reasons for his decision.
Graham McIntosh of the Democratic Party said: "Selebi has the potential to be an outstanding commissioner of police. It is a pity ... that he has now become embroiled in controversy and possible prosecution."
