Dumisani Khumalo is currently out of R10 000 bail.
Crime Intelligence divisional commissioner Dumisani Khumalo and two senior officials have been allowed to return to work after a bail condition restricting them from entering police offices was overturned.
Khumalo, along with Crime Intelligence’s head of analysis and coordination Nozipho Precious Madondo and Gauteng Crime Intelligence head Josias Lekalakala, approached the Gauteng High Court in Pretoria to appeal their bail conditions.
This follows a ruling by Chief Magistrate Vusumuzi Mahlangu on 27 June, where the three South African Police Service (Saps) officials were granted R10 000 bail each, but were banned from entering any Crime Intelligence offices in the country.
As a result, Khumalo, Madondo and Lekalakala sought a relaxation of their bail conditions through the Pretoria Magistrate’s Court.
Crime Intelligence head Dumisani Khumalo challenges bail condition
The three Crime Intelligence officials argued during proceedings at the high court on 3 December that Mahlangu had wrongly and unnecessarily imposed the bail condition.
They maintained that the state itself had not requested such a restriction.
The appellants told the court there was no proof that they would interfere with witnesses, tamper with evidence, or misuse police resources in a manner that would lead to defeating or obstructing the ends of justice.
Khumalo, Madondo and Lekalakala further argued that the magistrate did not consider that the state presented no evidence showing it would be against the interests of justice for them to continue with their duties.
According to the officials, the condition was similar to suspending them from their jobs, even though Saps had not suspended them or asked for such restrictions.
The appellants also contended that the condition was “vague” and “contradictory” because it suggested they were banned from any police station with a Crime Intelligence unit.
At the same time, they were allowed to contact the investigating officer to collect their personal belongings from their workplace, suggesting the ban applied only to their usual office in Pretoria.
State’s response
The state opposed the appeal, rejecting claims that it was improper for Mahlangu to impose bail conditions without a request from the prosecution.
It argued that, under Section 60(2) of the Criminal Procedure Act (CPA), a magistrate is empowered to impose any conditions deemed necessary when granting bail to ensure the interests of justice are protected.
The state maintained that the magistrate acted within his powers and that the condition was not wrong or unnecessary.
High court judgment
In a judgment delivered on 4 December, Acting Judge Raborife noted that, while the state had referred to previous rulings, it failed to provide context showing what evidence had been placed before those courts that led them to find that similar conditions were neither vague nor prejudicial.
“The facts in those cases are distinguishable from this one in that this bail condition was not sought by any of the litigants from the court a quo,” Raborife said.
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The judge found that the magistrate made his decision “without identifying any supporting facts”.
“It is arbitrary and incorrect, and does not reflect a proper exercise of judicial discretion,” the judgment reads.
The appeal was upheld, and the contested bail condition was set aside, allowing Khumalo, Madondo and Lekalakala to return to work.
Charges
The co-accused, alongside the three officials, include Crime Intelligence chief financial officer (CFO) Philani Lushaba, technical support systems manager Dineo Mokwele, head of SAPS’ personnel security and vetting office Phindile Ncube, and Zwelithini Sydney Gabela from SAPS’ technical management services.
All of them face fraud and corruption charges.
The allegations centre on Mokwele’s reportedly irregular appointment to the senior rank of brigadier, despite her alleged lack of relevant experience.
The officials are also accused of bypassing the vetting process required for senior appointments within Saps.
Lushaba faces separate charges of corruption, defeating the ends of justice, and perjury in connection with an alleged cover-up of a theft at his home.
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