The Independent Police Union of South Africa (IPUSA) says President Cyril Ramaphosa may evoke section 9 of the South African Police Service (SAPS) Act to establish a board of inquiry to probe the conduct of the National Police Commissioner, General Fannie Masemola.
This after Masemola was summoned to appear in court next month in connection to the irregular awarding of a R360 million health services tender to corruption accused businessman Vusimuzi Cat Matlala.
Masemola was on Wednesday served with a notice to appear in court on April 21, over his alleged role in the awarding of a controversial tender to Matlala’s company, Medicare 24.
Speaking on YOUFM, IPUSA’s General Secretary Mpho Kwinika said that the SAPS has for some time been facing a potential crisis.
“General Kehla Sithole was removed from office through the same processes.
Remember he had to go as far as the Constitutional Court, where the court rejected his application to challenge his removal from office.
Now, here we are again, a sitting National Police Commissioner will be facing a legal hurdle,” said Kwinika.
He said that the President cannot immediately suspend Masemola but can institute an investigation into his conduct.
“The President cannot really suspend (General Masemola) but he can establish a Board of Inquiry and on the basis of establishing that board, Masemola will not be expected to be in office, but will have to be placed on special leave pending the finalization of the Inquiry.
Remember what happened to Deputy National Police Commissioner General Shadrack Sibiya, he was also placed on suspension as per the SAPS disciplinary regulations of 2016,” added Kwinika.
Furthermore, Kwinika says despite the possible suspension of Masemola, the suspension of his deputy Sibiya, the placement of the police minister on special leave and several other senior police officers the SAPS still have too many capable police officers who can lead it.
“There are men and women in blue who are capable of leading the SAPS as commissioners, if you may recall this is not happening for the first time.
When the late Jackie Selebi was accused of corruption, he was put aside and someone was appointed to act on the position until President then appointed General Bheki Cele.
He also faced the similar allegations, and the Moloi Commission was established, and he was removed from the service, there was no vacuum in terms of leaders in the SAPS.
General Riah Phiyega was appointed, she left the same way, succeeded by Nhlanhla Mkhwanazi who acted on the position but removed after a serving for a year.
Khomotso Phahlane came in, he left, Lieutenant-General Lesetja Mothiba came in as an interim or acting National Police Commissioner, he was replaced by General Sithole who was removed and General Masemola was appointed so we have capable leaders within SAPS to take up the role,” explained the General Secretary.
IPUSA has argued that the country has been overlooking the processes of appointing the National Police Commissioner, despite a framework established by Parliament.
“There candidates are supposed to be screened by a panel of experts and three names recommended to the president for appointment.
I think the time has come for that process to be put in full swing transparently so that South Africans can know who is really appointed to that position,” remarked Kwinika.
Meanwhile, the President’s spokesperson Vincent Magwenya said that Ramaphosa is “concerned with the latest developments and its impact on the stability within the SAPS.”
