Police minister cleared in whistle-blower court case

A Gauteng High Court order declared the findings of a report by public protector Busisiwe Mkhwebane, according to which the police minister Bheki Cele failed to protect the lives of two whistle-blowers from Kwa-Zulu Natal, invalid.

Each party must pay their own legal costs as Mkhwebane and Cele’s legal teams settled.

Arguments were not presented in court. The contents of the settlement agreement have not been made public.

Cele was challenging Mkhwebane’s August 2018 report that suggested there had been “undue delay” on the part of Cele and the police in providing personal protection to whistle-blowers Les Stuta and Thabiso Zulu.

Mkhwebane also suggested in her report that President Cyril Ramaphosa should reprimand Cele.

The whistle-blowers, Zulu and Stuta, were witnesses in the public protector’s investigation into alleged multi-million rand corruption at the Umzimkhulu local municipality.

An investigation was prompted by the murder of ANC councillor Sindiso Magaqa in 2017, after he was said to have been investigating corruption at the municipality.

In the report, Mkhwebane stated that failure by Cele and the police to act exposed the two to assassination attempts.

Although arguments were not heard in court, Bheki Cele commented to the media that the protection of witnesses was the sole responsibility of the National Prosecuting Authority and not the SAPS.

He said this was explained in the Witness Protection Act.

Public protector spokesperson Oupa Segalwe, on the other hand, said it was the public protector’s opinion that the constitutional duty of the protection and safety of citizens rests with the police.

“The public protector still holds the strong view that the constitutional duty to provide safety and security to citizens rests with the SAPS,” he said.