Masemola argued that there was no obstacle preventing their return to duty aside from their bail condition.
National Police Commissioner Fannie Masemola has supported the reinstatement of Crime Intelligence head Dumisani Khumalo and his one of co-accused, arguing that their continued absence would prejudice the South African Police Service (Saps).
Khumalo appeared in the Pretoria Magistrate’s Court on Monday seeking to have his bail conditions relaxed.
He is currently out on R10 000 bail, along with six co-accused: Crime Intelligence’s chief financial officer (CFO) Philani Lushaba; Nozipho Precious Madondo, head of analysis and co-ordination within Crime Intelligence; Josias Lekalakala, provincial head of Crime Intelligence in Gauteng; Zwelithini Sydney Gabela from Saps’ technical management services; Phindile Ncube, section head of Saps’ personnel security and vetting office; and Dineo Mokwele, a technical support system manager.
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The group, arrested in June, faces charges of fraud and corruption related to the irregular appointment of Mokwele as a brigadier.
They are also accused of bypassing the critical vetting process required for senior Saps appointments.
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.
Masemola wants return of Saps Crime Intelligence head
During Monday’s proceedings, an affidavit from Masemola, dated 4 September, was read out in court.
In the statement, Masemola revealed that he had ordered an “independent” investigation to probe possible misconduct by Khumalo and Lekalakala, who sought to relax their bail conditions.
He confirmed that the officers were placed on precautionary transfer while the investigation, conducted by an advocate within Saps, was underway.
According to Masemola, he received a comprehensive report from the investigator on 20 August, which found no evidence of misconduct or any breach of Saps disciplinary regulations.
Two days later, he informed the officials of the outcome and lifted their precautionary transfers, instructing them to return to their respective positions.
READ MORE: Magistrate slams ‘copy and paste’ affidavits as Saps crime intelligence boss granted bail
However, the national commissioner said the officers cannot return to work until the court relaxes their bail condition, which bars the accused from entering any Crime Intelligence premises.
He warned that this restriction would hamper the functioning of the police in fulfilling its mandate to combat, prevent and investigate crime, as well as maintain public order.
“I pause to point out that the applicants are the highest ranking officers and senior managers within the unit of Crime Intelligence in the country.
“Crime intelligence is vital for law enforcement in the Republic as it shifts from reactive to proactive policing, enabling the prevention, monitoring and disruption of criminal activities before they escalate.
“The prejudice suffered by the South African Police Service to the condition is glaring and apparent,” the affidavit reads.
Acting officials vacate positions
Masemola further explained that lifting the precautionary transfers meant that acting incumbents could no longer remain in those posts.
“Therefore, the conditions prevent the South African Police Service from executing its constitutional mandate to fight crime in a country, where the crime statistics are above average.
“The skillset and the expertise of the applicants are critical for combating sophisticated organised crime and are essential to disrupt criminal networks involved in activities like drug trafficking, fraud and human trafficking.”
He concluded that, aside from the bail condition, there was no obstacle preventing their return to duty.
READ MORE: Crime Intelligence head Dumisani Khumalo wants his bail conditions relaxed
However, Mokwele’s lawyer informed the court that his client had chosen not to pursue her application to amend bail conditions.
“Accused number seven is provisionally withdrawing this application due to the fact that she’s engaged in a consultative process with her employer, the South African Police Service, the outcome of which would perhaps at a future stage have a bearing insofar as another application being brought at a later stage,” he said.
Meanwhile, the state told the court that after the accused were granted bail, several witnesses within Crime Intelligence reported incidents of intimidation and attempted influence by “faceless perpetrators”.
“Investigations in this regard are ongoing in a bid to identify these perpetrators.
“I must mention to the court that this type of conduct only commenced after the accused in this case were arrested and granted bail.”
