South Africans could be forgiven for thinking that Minister of Police Bheki Cele is the National SAPS Commissioner. He hogs the limelight when there are massacres, and arranges patrols, overshadowing the commissioner whose job he has usurped. Minister Cele – disgraced as a national commissioner himself – is out of order in engaging in operational matters.
Parliament confirms such conduct is irregular, yet takes no remedial action. Cele’s interference is an extreme example of how ministers were allowed – even encouraged – to micromanage during the State Capture years. The country is becoming increasingly lawless, and if SAPS, under Cele’s direction, continues to act above the law itself, it can only get worse.
As a member of our executive authority, the minister of police is responsible, in terms of Section 85 of the Constitution, for the development of policy, the implementation of existing legislation, and the initiation of new legislation. Evaluated as a minister on these grounds, Cele fails hopelessly.
The Marikana massacre highlighted the urgent need for proper operational response training, yet the report commissioned to provide recommendations, although completed in 2018, was released by the ministry only in 2021, too late to ensure an adequate response to the July 2021 mayhem.
The new legislation developed under Cele’s watch, such as the revised Firearms and SAPS bills, is so bad it had to be returned to the ministry by Parliament. He is unable to explain why, with a budget of almost R96 billion in the current year, there are 20 000 fewer SAPS members now than in 2010 when the budget was just more than R53.5bn.
Instead of ensuring that the law is upheld, he is party to it being broken, with impunity, including by members who report to him. Many current policing problems, including the impact on the SAPS budget of salaries and perks for unnecessarily inflated management structures of generals and brigadiers, are the consequence of his tenure as commissioner, and those who followed him – Riah Phiyega and Acting Commissioner Khomotso Phahlane. Phahlane was initially exposed for corruption in the Forensic Laboratory during Cele’s tenure.
The nepotistic networks entrenched during state capture still exist and, under his watch, are being entrenched, not dismantled. National commissioner Khehla Sitole had to go, not for incompetence, but because he tried to assert his independence, including in appointments, which was his prerogative.
His replacement, General Fannie Masemola, has a long working relationship with the minister from when Cele was KZN MEC and Masemola was a deputy provincial commissioner. He then became Cele’s deputy when he was appointed national commissioner in 2009.
That a task team investigating political killings in KZN should report to Cele is grossly irregular. He remains deeply embedded in the politics of the province, and his own long-standing colleagues are potential suspects in some of these killings, including that of Umzimkhulu corruption fighter Sindiso Magaqa.
The trial of suspects, two of whom were members of Cele’s Tactical Response Team, has started, yet crucial evidence is missing. A leaked intelligence report revealed that the hit on Magaqa was orchestrated by members of KZN Crime Intelligence.
The report was allegedly handed by then crime intelligence head Peter Jacobs to his MK comrade, Cele, who denies having received it. Details of who ordered the Magaqa hit remain classified. Members of this ministerial team harassed and maliciously arrested Magaqa’s close friend, whistle-blower, Thabiso Zulu, and illegally seized his phones (without a court order), ruining one of them.
There have been no prosecutions for the continued harassment, threats, and attempted murder of Zulu, which implicate state intelligence members. The minister is also interfering in issues relating to the illegal dismissals of hundreds of competent police members by corrupt management.
Those working for their reinstatement say they are told the dismissed members must stop criticising Cele if he is to assist them. Reinstatement involves legal processes in which a minister has no right whatsoever to interfere.
Cele is implicated in recently announced acting national management appointments of people who are not only incompetent (the new crime intelligence head has no experience in that component) but are linked to the Ace Magashule Free State cabal. Cele’s oath to uphold the Constitution is meaningless, as he ignores it.
If the SAPS, under his direction, continue to act above the law, South Africa is heading down the police state road. The crux of the problem is the complete ineffectiveness of oversight bodies – especially IPID and the Civilian Secretariat – which he controls. The NPA has also abrogated its policing responsibility.
Worst of all, Parliament, the citizens’ voice, is failing us. Five years after having been ordered by the ConCourt to pass legislation ensuring Ipid’s independence, its failure to do so borders on criminal.
Without urgent intervention, including from the Presidency, anarchic trends will continue, dragging us further into the clutches of criminals.
*De Haas is an Honorary research fellow at the University of KZN’s School of Law, and a member of the Navi Pillay Research Group on justice and human rights.