PP clears Cele of unethical conduct following abuse of power claims.

By Lehlohonolo Lehana.

Acting public protector Kholeka Gcaleka has closed an investigation into police minister Bheki Cele’s alleged abuse of power.

The probe was launched after a complaint was lodged by EFF Member o Parliament Mbuyiseni Ndlozi. 

Ndlozi complained Cele violated the executive ethics code by instructing former police commissioner Gen Khehla Sitole to append an investigation and suspension of crime intelligence members fingered in a report alleging irregular awarding of personal protection equipment (PPE) tenders.

In his January 13 2021 complaint, Ndlozi asked the public protector whether Cele did not “abuse his power or [was] guilty of political interference” when he instructed Sitole “to halt the suspension of Lt-Gen Peter Jacobs of the SAPS-CI following allegations of irregular awarding of personal protective equipment (PPE) contracts”.

He also asked the public protector to determine whether Cele’s conduct did not amount to defeating the ends of justice and whether the minister was linked to the company under investigation.

In his response to the public protector, Cele argued that according to the law, the IGI report should have been submitted to him first as the police minister.

“According to the minister, his understanding was that all the previous reports and annual certificates issued by the IGI were communicated directly to the minister of police and not to the national commissioner. Therefore, it was unheard of at the time for the IGI to send a report directly to the national commissioner,” the report reads.

Cele told Gcaleka the IGI only issued the final report on April 30 2021, five months after the suspension of the SAPS officials and the release of the PPE preliminary report.

Gcaleka published the third quarter report on 15 investigations concluded across the country and of those, was the complaint against Cele.

The public protector’s office is solely empowered to investigate alleged misconduct in terms of the executive members’ ethics act.

The investigation found evidence that Cele had obstructed the section seven oversight act when instructing Sitole to halt the disciplinary action.

According to the report, though Cele’s instruction was incorrect in law – it was a genuine error that does not breach the executive ethics act.

Further investigations found no link between the minister and any entity involved in the alleged procurement irregularities.

“Considering the composite information … there is no evidence that the minister was dishonest or acted in bad faith when he issued the impugned directive. The available evidence supports the contention that the impugned directive was based on the minister’s bona fide, but mistaken interpretation of section 7(7) of the Oversight Act and consideration of the protected disclosures,” the public protector’s report reads.

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