Sunday, November 27, 2016

Crimes of the South African Police Service

Why Ipid is charging acting police commissioner Phahlane
Ra'eesa Pather 23 Nov 2016 10:34

The Independent Police Investigative Directorate (Ipid) is set to charge acting police commissioner General Khomotso Phahlane with defeating the ends of justice. The charges relate to Phahlane allegedly contacting witnesses the Ipid had interviewed for an investigation they were conducting into Phahlane’s R8-million home in an exclusive estate north of Pretoria.
http://c14.zedo.com/jsc/images/inReadcloseicon.png
News24 broke the story on Wednesday, reporting that the Ipid began the investigation into Phahlane’s property after suspicions arose that a career policeman could afford to spend millions building a house. Phahlane will reportedly issue a warning statement on Wednesday following a summons sent to him by the Ipid.
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The house was reportedly built in Sable Hills Waterfront Estate, north of Pretoria in 2011 and 2012. Sources told News24 that Phahlane began contacting witnesses in the Ipid investigation after he became aware of the investigation into his house.
The police watchdog is also investigating allegations that Phahlane stuffed a total of R700 000 in cash into plastic bags to make payments to a contractor. Forensic investigator Paul ‘O Sullivan opened a case in January 2016, raising red flags that the bond Phahlane had registered was lower than the value of the house.
“Phahlane, I wanted to ask you, where the money came from to build this mansion in Sable Hills Waterfront Estate? I’ve got a copy of the title deeds, and bond details. As I see it, you had spare cash of between R3m and R5m. Did you win the lottery?” News24 quotes an email O’Sullivan wrote to senior police officials.
Phahlane’s spokesperson told News24 that the police commissioner’s office welcomes the Ipid investigation.
“The Acting National Commissioner welcomes any investigation on any allegations and matter against him conducted within the confines of the law to enable the testing of any such allegations. It is unfortunate that such investigations and/ or allegations if any are conducted through the media with the sole aim of causing harm and damage to the reputation and integrity of the Acting National Commissioner,” Selepe said.










Crimes of the South African Police Service

Top cop back in court for corruption case
Tuesday 16 August 2016 11:57
ANA


Suspended Western Cape Police Commissioner Arno Lamoer.(SABC)
Suspended Western Cape Police Commissioner Arno Lamoer is expected back in the Western Cape High Court with his co-accused on Tuesday.

The other accused who will join Lamoer in the dock include three police officials - brigadiers Darius van der Ross, Kolindren Govender, and Logambal "Sharon" Govender as well as Cape Town businessman Mohamed Saleem Dawjee and his son Mohamed Zameer Dawjee.

The accused are facing 109 charges related to corruption, racketeering, and money laundering, involving roughly R1.6 million.

In April 2015, Lamoer handed himself over to police, along with three other top police officials and two local businessmen.

According to the indictment, Lamoer and the three police officials received R1.6 million in bribes from the businessmen.


Crimes of the South African Police Service

EFF lashes out against appointment of new commissioner
The newspaper then sent detailed questions to national police spokesman, Brig Hangwani Mulaudzi. These included, among others, whether Zuma had been declared unfit to possess a firearm following his conviction

February 5, 2016

Former provincial police commissioner Lt Gen Mark Magadlela.
MBOMBELA – The appointment of a convicted criminal as Mpumalanga’s new head of police on Monday has outraged several opposing political parties. One of these is the EFF which expressed its dissatisfaction about Lt Gen Mondli Zuma’s appointment in a strongly worded media statement.
“The appointment of Zuma as the new provincial commissioner is a disgrace and an embarrassment to the broader police service, given his track record and his personal brash with the law,” provincial EFF chairman, Mr Collen Sedibe said.
Zuma replaces Lt Gen Mark Magadlela who was appointed Mpumalanga police commissioner in February last year.
No media statement about Zuma’s appointment was issued and Lowvelder‘s various attempts to get answers have been ignored.
Read more………..







Crimes of the South African Police Service

Top cop under fire for ties to businessman
3 April 2016, 2:58pm
Phalane Motale


Durban - KwaZulu-Natal (KZN) provincial police commissioner Mmamonnye Ngobeni’s association with controversial Durban businessman, Thoshan Panday, has come back to haunt her.
Acting national police commissioner, Lieutenant-General Khomotso Phahlane, has decided to establish a board of inquiry into Ngobeni’s fitness to hold office.
The Sunday Tribune’s sister newspaper, the Sunday Independent, has seen letters from the Minister of Police Nathi Nhleko, one to KZN Premier Senzo Mchunu, and another to the province’s MEC for Community Safety and Liaison Willies Mchunu, in which they are informed that Lieutenant-General Khomotso Phahlane has served her with a notice of suspension, pending the finalisation of the board.
The letter said Phahlane took the decision after receiving a report from the acting executive director of the Independent Investigative Directorate (Ipid) relating to alleged systematic corruption cases in KZN.
“The Provincial Commissioner, KwaZulu-Natal as well as other officers are implicated in the said corruption,” said part of the letter.
Read more………








Crimes of the South African Police Service

Police Commissioner Riah Phiyega: Liar, fraud and bully
Committee chairman Francois Beukman said it was clear the commissioner had been 'less than frank'
Bianca Capazorio & Jan Jan Joubert
12 November 2015

Police Commissioner, Riah Phiyega - PICTURE: Gallo images

Suspended national police commissioner Riah Phiyega should be found guilty of misconduct, perjury and fraud, a ministerial reference group appointed by Police Minister Nathi Nhleko has recommended.

The findings — which throw the book at Phiyega for misconduct regarding various high-profile cases in which police management was involved — have been heavily criticised by opposition parties because the audi alteram partem rule, which should have given Phiyega the opportunity to state her case, was not followed.

Her side of the story was not heard allegedly because of “non-co-operation”.

Among recommendations made by the group are that Phiyega be:
* Prosecuted for removal of two deputy commissioners of police without them being consulted, and then summarily dismissing them;

* Found guilty of fraud for backdating a performance agreement signed between her and former acting national commissioner Nhlanhla Mkhwanazi claiming he had performed well at work when he was, in fact, at home;

* Found guilty of perjury for having lied to the court in the high-profile Richard Mdluli case. The reference group found that Phiyega had lied to parliament about the starting date of the Mdluli disciplinary matter and that she obstructed its start. Mdluli has been at home on full pay for two years; and;

* Should have had neutral people investigate whether two high-ranking officers had matric certificates. Phiyega instituted this investigation after the two opened a case of defeating the ends of justice against her for tipping off Western Cape police commissioner Arno Lamoer that he was to be investigated.

Nhleko said the recommendations would be assessed by three separate teams. One would consider the human resources issues, another the formulation of charges and holding of a disciplinary inquiry, and the third would investigate matters of wasteful expenditure.

They would report separately to the presidential board of inquiry established in the wake of the Farlam commission.

Phiyega also now faces a second board of inquiry. This has been recommended by the parliamentary committee on policing following its own investigation into statements issued by the police board of commissioners.

The release of a statement by the board in support of Phiyega in August was “timed to put undue pressure on the president”, MPs said.

The commissioners had told parliament the statement had been released to quell disquiet in the ranks caused by negative media reports. But it was released in the wake of the release of the Farlam commission report, which made direct findings against Phiyega.
Committee chairman Francois Beukman said it was clear the commissioners had been “less than frank”.

His committee has recommended a board of inquiry into the conduct of Phiyega, the provincial commissioners and police spokesman Solomon Makgale, who drafted statements.

Its recommendations were supported by all political parties

Deputy Police Minister Maggie Sotyu said the executive would “accept and deal with the recommendations of the committee in our own way”.






Crimes of the South African Police Service

SANDF colonel to appear in court

Alta Smit’s belongings
dumped in front of the Port
Elizabeth City Hall by armed soldiers
Picture: DENEESHA PILLAY

The defence force commander who allegedly gave the order for furniture to be dumped on the doorstep of the City Hall has given a statement to police and will appear in the Port Elizabeth High Court today.

According to officials, Forest Hill military base commanding officer Colonel Veli Phakathi met detectives on Tuesday and submitted a statement, after allegedly failing to honour several appointments.

Last week, The Herald’s sister paper Weekend Post revealed he was dodging the police and had allegedly barred soldiers from speaking to detectives.

Due to the many failed attempts by police to meet with Phakathi, a formal letter was sent to the military’s legal affairs department asking that he meet detectives.

On Saturday, following the Weekend Post article, cluster detective commanders intervened and took over the case.

Both the criminal probe and court application were instigated after Alta Smit and two other families were evicted from the base. Smit’s furniture was dumped at the City Hall.

It has been alleged she was illegally occupying the property as she does not work for the military.
Since the incident, police have only obtained one statement from a soldier, who later wanted to retract it, allegedly due to intimidation by Phakathi.

Today, the Department of Public Works, Phakathi and Colonel Desire Fouche are to appear in the Port Elizabeth High Court to explain why they allegedly violated a court order stating that Smit’s goods be returned in good order to her home.





Crimes of the South African Police Service

SAPS told to treat foreigners with respect
Tariro Washinyira    
26 August 2014

The SA Police Service must “take urgent steps” to eradicate discriminatory behaviour towards foreigners and gay people, the Commission of Inquiry into policing in Khayelitsha has said.
In its report released this week, the commission said discriminatory behaviour towards gay people and foreigners should not simply be dismissed as the misconduct of “bad apples” within SAPS.
“The Commission considers that the evidence that has been led suggests that discriminatory behaviour is widespread amongst members of SAPS in Khayelitsha.”
Read more…..







Crimes of the South African Police Service

O’Sullivan probed police commissioner, Hawks boss before arrest
Pieter-Louis Myburgh2016-04-04 12:30

Private forensic investigator Paul O’Sullivan, who is currently in the Kempton Park Magistrates’ Court after his dramatic arrest at OR Tambo International Airport on Friday, had previously laid criminal complaints against the South African Police Service’s highest-ranked officers. 

O’Sullivan has, since 2014, laid several charges of corruption, fraud, racketeering and defeating the ends of justice against acting police commissioner Kgomotso Phahlane, detectives boss Vinesh Moonoo and Hawks head Berning Ntlemeza. 

Rapport, City Press’ sister paper, has obtained the police Crime Administration System (CAS) numbers and related affidavits for the complaints against the senior police officials. 

The complaints against Moonoo were lodged at the Linden and Randburg police stations in 2014 and 2015 and, among other issues, relate to Moonoo’s alleged ties to known members of South Africa’s criminal underworld. 

In February this year, O’ Sullivan also laid a complaint of corruption, money laundering and racketeering at the Sandton SAPS against Phahlane. The complaint in part relates to an all-expenses-paid holiday that Phahlane enjoyed in 2011, allegedly paid for by a SAPS contractor. Phahlane was then the head of the police’s forensic unit. 

Read more…….







Crimes of the South African Police Service

EXCLUSIVE: This is police chief's controversial house
2016-11-23 16:51
Angelique Serrao and Pieter-Louis Myburgh, News24

Johannesburg - The upmarket house owned by acting police commissioner General Khomotso Phahlane, that forms the basis of an IPID probe, is in one of Gauteng's most exclusive lifestyle estates.
The house, of which News24 has obtained a picture, is thought to be worth about R8m.

The Independent Police Investigative Directorate (IPID) has been conducting an investigation into how Phahlane managed to afford the house, which he had built in 2011 and 2012.

Allegations of cash payments of at least R700 000 and money stuffed into plastic shopping bags form part of the probe, News24 has established.

The picture of the house was included in an email forensic investigator Paul O'Sullivan distributed among senior police officials in March. O'Sullivan asked the IPID to investigate whether Phahlane's house may be linked to corruption.

(Supplied to News24)
According to property records, Phahlane and his wife, Beauty Ntombizodwa, paid R850 000 in 2010 for a large erf in the upscale Sable Hills Waterfront Estate outside Pretoria. Building the house, according to O'Sullivan, cost between R4.7m and R5.8m.

There are two bonds registered on the property, according to the property records, both registered with Nedbank.

The first bond, for R595 000, was registered in 2010. In 2011, when construction of the house commenced, Phahlane and his wife registered a second bond to the value of R2.2m.

The total value of the bonds, just under R2.8m, was well below the estimated building costs, O'Sullivan has alleged. He wanted IPID to determine how Phahlane managed to fund the shortfall amid claims by witnesses that the contractor was paid with large bundles of cash stuffed into plastic shopping bags.

According to the estate’s website, it is "tucked away within the thriving Bushveld landscapes" and "lies on one of the most luxurious and truly breathtaking estates this country has to offer".

Situated on the banks of the Roodeplaat Dam, north-east of Pretoria, it has a gym with private trainers, tennis and squash courts, an Olympic-size swimming pool with sun deck, and a volleyball court.

There is a private school on the premises, a boat club, a guesthouse and a restaurant.

According to advertisements for properties currently on sale within the estate, a home for "beginners" will set buyers back R2.28m. A larger house with five bedrooms and five bathrooms is on sale for R12.5m.






Crimes of the South African Police Service

How Hawks employees stole crime exhibits from investigators' offices
2016-11-24 08:37
Caryn Dolley, News24

Cape Town – The Hawks have confirmed that two of their employees were suspected to have worked together, allegedly sneaking into investigators' offices in Bellville to steal crime scene exhibits, which one of them then went on to sell.

While one of the two resigned and is now facing criminal charges, it is understood the second turned State witness and is still on the job.

In a separate case, a third Hawks employee who also allegedly stole from the offices, is also facing criminal charges.

Earlier this week, provincial Hawks spokesperson Captain Lloyd Ramovha confirmed to News24 that two of the employees "resigned pending disciplinary processes".

"The third, who turned State witness, has been subjected to an internal disciplinary process which we are not at liberty to discuss."

Insufficient security
Ramovha did not respond to a question about how the thefts had impacted on criminal cases.

He also did not respond to what, if any, extra security measures had been put in place at the Hawks' Bellville building in AJ West Street, which is in such a poor condition the national Hawks previously admitted it was hazardous to those working in it.

They had also admitted security was sorely lacking.

Disciplinary documents which detail how crimes were committed inside the Hawks building, the very offices where priority crime investigations are run from, were leaked to News24.
The documents say the thefts happened between August and December last year and resulted in seven criminal cases being opened by Hawks members.

The documents identify Chezlyn Daniels, previously a principal administration clerk based at the Hawks office, as allegedly masterminding the thefts.

Laptops sold for R1 750
He allegedly used a spare key to get into offices to steal equipment, including laptops and cellphones which were exhibits. Daniels, according to the documents, allegedly once stashed a camera stolen from a colonel's office behind a cabinet in a basement of the Hawks building.

A laptop, allegedly also stolen from a colonel, was apparently found behind a cabinet next to Daniels' desk.

His colleague, a data typist who went on to become a State witness, was said to have worked with him.

The documents alleged, based on statements, that his colleague would "keep a lookout" while Daniels stole laptops, which were sealed in exhibit bags and which Daniels would later sell to a member of the public for R1 750 each.

Daniels' colleague had denied receiving money from the proceeds of the laptop sales.
This colleague alleged Daniels had asked him to approach a third colleague, Lonwabo Welem, in supply chain management "to work with them as he had access to the duplicate keys to all the offices… because Welem was already stealing".

Suspension lifted
But, the documents said, Welem declined the offer.

Welem was arrested on December 10 last year for allegedly stealing hard drives from a Hawks supply chain store.

Daniels was also arrested on December 10 last year.

He is expected back in the Bellville Magistrate's Court on December 6.

According to disciplinary documents, Daniels' colleague who turned State witness was suspended for six months ending on January 26.

But News24 understands this was lifted under certain conditions.

Ramovha confirmed to News24 that it was Welem and Daniels who had resigned while disciplinary processes into their activities were underway.






Crimes of the South African Police Service

Cop behind bars after allegedly raping girl at police station
2016-09-21 19:24
Tammy Petersen, News24

Cape Town - The bail application of a policeman accused of raping a 15-year-old girl at the Montagu police station was postponed in the local magistrate’s court on Wednesday.

The Warrant Officer's lawyer asked that the matter be postponed to October 10 as they were still following up on certain aspects of the case.

The 47-year-old officer is accused of raping the girl on August 30, after she was taken to the police station to cool down following an altercation with her parents at home.

The Independent Police Investigative Directorate is investigating the matter.





Crimes of the South African Police Service

Metro police chief fired

Mathabathe accused of failing to disclose second income

IN yet another snarl-up in the rocky roll-out of Nelson Mandela Bay’s new crime fighting unit, metro police chief Pinkie Mathabathe has been fired for under-performance and failure to declare a second income. This comes less than three weeks after the launch of the metro police force and follows a municipal disciplinary process involving “serious” charges.

Mathabathe’s sudden departure also comes in the wake of a showdown between disgruntled Bay traffic department and security officials.

Acting city manager Johann Mettler was tight-lipped yesterday about the reasons for Mathabathe’s sacking.

“[I] can confirm that the services of Pinkie Mathabathe have been terminated following a disciplinary process,” he said.

“I am not at liberty to discuss the nature of the charges that she faced except that they were serious enough to warrant such an outcome.

“We will be advertising this vacancy shortly.”

Two municipal sources said the disciplinary action against Mathabathe had started a short while back.
They said the city had discovered that she had been doing work for a government entity and failed to declare it to the council.

The sources said she had also been called to task over her performance.

Mathabathe could not be reached for comment last night.

Her position as a non-executive director of the Road Traffic Management Corporation came to light when the RTMC’s annual financial statements for the year ended March 31 2015 were released in September.

During her stint as police chief, without any staff, Mathabathe attended several meetings of the RTMC.

She had been booked off on sick leave since February, which was later changed to “special leave”.
The RTMC was launched in April 2005 with the goal of cooperative and coordinated traffic law enforcement by the national, provincial and local government.

In addition to her income from the RTMC position, Mathabathe earned an annual salary of more than R1-million from the municipality.

Mathabathe, who was the former Tshwane deputy chief of metro police, was employed as the boss of the then still non-existent metro police force in February 2014.

According to the RTMC annual financial statements for the year ended March 31 2015, Mathabathe received R308 141 for attending board meetings during the financial year.

Of the this amount, R298 215 was for meeting attendance and R9 926 for travel reimbursements.
This was a massive jump from her 2014 payment of R38 551 – of which R37 414 was for attending meetings and R1 137 for travel reimbursements.

The move marks the second metro police chief to be fired since the council adopted a resolution in 2009 to establish the police agency, which has been plagued by seven years of delays.

It comes less than three weeks after mayor Danny Jordaan launched the metro police.

Mathabathe failed to attend the function. Asked at the time why Mathabathe was not present, it was said she was on special leave.

In the interim, the acting police chief is Shadrack Sibiya.

In November, Mathabathe was appointed acting head of the safety and security department when former executive director Shane Brown asked to be demoted.

In March, Mathabathe asked to be relieved of these duties and return as metro police chief. Since then, she has been booked off from work.

In April, former World Cup security boss and Correctional Services commissioner Linda Mti, 61, was appointed in the executive director post.

Mathabathe’s predecessor, Advocate Trish Armstrong – who was head-hunted by the municipality in 2008 to help establish the metro police – was appointed project team leader before her contract was terminated in 2012.

Armstrong was fired via e-mail a day before the metro police force was due to be launched in 2012.
The municipality was taken to court for unfair dismissal and Armstrong was awarded a R234 000 payout.

Last week, several furious traffic officers, who refuse to work with the metro police members, claimed they had been left in the dark and were now facing disciplinary action after a protest at the launch of the new force at City Hall on May 13.

A meeting of angry employees on Wednesday last week resulted in the traffic department’s services being severely curtailed.

Officials denied a go-slow was under way but sources said a number of officials had embarked on a go-slow as part of a protest against the new unit.

The matter between the unions and the safety and security directorate has still not been resolved.
Yesterday, DA MEC Bobby Stevenson mentioned the metro police saga in his budget speech, saying the launch was shambolic.

“It is clear that this whole process has been steamrolled as an election ploy. And it is not operationally ready to comply with the requirements,” he said.

“What we need in Nelson Mandela Bay to fight crime and gangsterism is a properly established municipal police service with an anti-gang unit and an anti-drug unit attached to it.

“These two units could make a significant difference in combating gangsterism in the northern areas,” Stevenson said. – Additional reporting by Rochelle de Kock