Protector or predator? - Institute for Security Studies

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Gareth Newham and Andrew Faull not been released, although data on corruption-related suspensions are published annually in the SAPS annual report. A significant number of the thousands of cases reported to the ACU related to ‘petty’ corruption: ‘once off’ incidents of bribery or other misuse of police powers for personal gain. This is generally believed to be the most common form of corruption and largely involves low-ranking police. However, internal police investigations have revealed that corruption is prevalent at all levels of the SAPS and that police officials are part of, or working closely with, organised crime syndicates. 86 Corrupt behaviour uncovered at the highest levels of the SAPS is particularly disturbing. In 2001 the national head of the Organised Crime Unit, Assistant National Commissioner Albert Eksteen, was arrested on more than a hundred criminal charges of fraud related to approximately R40 000 in false travel claims. He avoided a trial by pleading guilty. More recently, the commanding officer for the police’s elite crime fighting unit, the Hawks, in Mpumalanga appeared in court for allegedly stealing R1 800 from a detained suspect. 87 Certainly the most high-profile case involved former National Commissioner Jackie Selebi, under whose direction the ACU was shut down. In 2006 former airports security boss, Paul O’Sullivan, accused Selebi of involvement in criminal affairs. It subsequently emerged that Selebi was being investigated by the then Directorate of Special Operations (Scorpions). In 2008 he was charged with corruption and defeating the ends of justice, and was convicted in 2010. It is important to note that investigations into the Selebi allegations were not conducted by the SAPS, but by Scorpions who were based in the National Prosecuting Authority and later disbanded. Currently, there is no independent structure that has the capacity to undertake a criminal investigation into the SAPS National Commissioner, as this capacity resides solely within the SAPS under his direct command. Disturbingly, Selebi was defended by various senior SAPS colleagues even after formal charges were laid against him. This sent out a negative message as it suggested that personal loyalty among police officials was more important than loyalty to the Constitution and the laws of the country. The image of SAPS senior management was further damaged by allegations in August 2010 that Cele irregularly interfered to secure a tender for politically connected businessman Roux Shabangu. 88 The journalist who wrote the first story containing this allegation was arrested soon after the news broke, but was released without charge, suggesting that the arrest was an attempt at harassment. Monograph 182 23
Protector or predator? A five-month investigation by the Public Protector and Special Investigating Unit (SIU) into the allegations found that both the Minister of Public Works, Gwen Mahlangu-Nkabinda, and Cele had acted improperly and illegally by approving funds for the leases of two buildings without it going out to tender, and that police deliberately manipulated the needs analyses to align them with Shabangu’s building. 89 Less than two weeks after the release of the Public Protector’s first report, SAPS intelligence officials arrived at the office of the Public Protector and requested documents pertaining to the report. Their actions were widely perceived as police intimidation. The officers involved were briefly suspended before being reinstated in their positions as Crime Intelligence officials. These findings of integrity-related shortcomings involving the most senior of police officials are sure to damage the confidence of both the pubic and many honest police officials in the leadership of the SAPS. It also raises serious questions about political interference in the SAPS, and throws the organisation’s independence into doubt. At the time of writing the President had not yet acted on the recommendations of the Public Protector that action be taken against those involved in the maladministration and illegal behaviour related to the leases in question. OrGANiSATiONAl CHAllENGES OF trANSFOrmATiON To understand current corruption within the SAPS, it is useful to briefly examine the history and transformation of the organisation and the current ‘task environment’ in which it operates. During apartheid, the police force was not constituted to provide services to all communities equally. 90 Its main concern was to suppress popular resistance to the apartheid state and enforce its racist laws. As a result, the organisation was highly centralised and secretive. Although there is no way of knowing the full extent to which corruption was occurring, there is evidence that it existed throughout the organisation. 91 Democracy in South Africa was predicated upon political agreements that prevented radical transformation of the police force. The ‘sunset clause’, through which apartheid public servants were guaranteed their jobs for five years following the 1994 elections, was one such agreement. There was also agreement on mass recruitment of individuals from subsidiary and informal policing structures such as the ‘kitskonstabels’ 92 , and the railway and municipal police. Many of those recruited into the new police service had received little or no professional 24 Institute for Security Studies
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Page 4 and 5: Contents Acknowledgements
Page 6 and 7: Acknowledgements This monograph was
Page 8 and 9: Executive summary Despite the posit
Page 10 and 11: 1 Introduction Almost two decades a
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Protector or predator? - Institute for Security Studies

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