Rédaction Africa Links 24 with Vincent Cruywagen
Published on 2024-02-21 20:29:29
On Monday, 19 February, Police Minister Bheki Cele rejected allegations that he had neglected to appoint a Directorate for Priority Crime Investigation (DPCI) judge, the overseeing body of the well-known crimefighting unit, the Hawks.
Cele emphasized that the appointment of a DPCI judge was a top priority. His response was prompted by a report from News24 titled “Chronic Failure,” which highlighted how he had hampered the effectiveness of the Hawks’ oversight by failing to appoint a retired judge for almost two years. As a result, the Office of the DPCI Judge was described as dysfunctional or on the verge of collapsing.
Frans Kgomo served as the last DPCI judge, appointed in October 2017, with his contract expiring in October 2022. Cele refused Kgomo’s request for an extension, leaving several high-profile investigations into alleged misconduct within the Hawks unresolved, including one involving Hawks boss Godfrey Lebeya.
The News24 report also featured Kgomo’s pleas to change legislation to grant the watchdog control over its budgets, appointments, and the autonomy to launch investigations without formal application.
The Office of the DPCI Judge was established as an independent unit within the South African Police Service in accordance with the South African Police Service Act. The act stipulates that the police minister must appoint a retired judge to the position after consulting with the justice minister and Chief Justice.
Gareth Newham, head of justice and violence prevention at the Institute for Security Studies, expressed that the vacant office was negligent and undermined accountability. He stressed the importance of filling the position as soon as possible to prevent inappropriate political interference.
Former National Director of Public Prosecutions Vusi Pikoli echoed similar concerns, emphasizing that the vacancy left the public vulnerable and created an opportunity for political interference in the DPCI’s work, which is expected to operate independently.
The lack of independence and resources at the Office of the DPCI Judge was a point of contention during Kgomo’s appearance in front of the Portfolio Committee on Police in November 2019. Kgomo revealed that since its establishment in 2013, the office had never received the necessary personnel or resources. He also voiced his repeated requests for additional support, including a CEO and a personal assistant, which were ignored by Cele.
Kgomo took legal action against Cele to ensure his office had the resources required to carry out its duties, but the case was unresolved when his term ended.
When questioned about his failure to appoint a retired judge to the office for two years, Cele dismissed the criticism, suggesting that the previous judge’s term had ended and there was no evidence of being pushed out of the position. He claimed to have made efforts, including writing letters to the Justice Minister and scheduling a meeting with the Chief Justice to address the situation.
However, concerns were raised during the appointment process, with a nominated candidate withdrawing over apprehensions regarding the office’s resources and independence. Efforts to hold a meeting with Cele and the Justice Minister to ensure future candidates would not be deterred faced challenges, with the last attempt being close to the end of 2023 when Cele was unavailable.
Newham reiterated that the Office of the DPCI Judge served as an accountability mechanism to investigate allegations of political interference in Hawks investigations, as well as complaints about unethical and unfair procedures by the Hawks.
Pikoli added that the legislation required a retired judge to serve as the Hawks’ ombudsman to address complaints filed against the DPCI, emphasizing the need for a powerful individual to make decisions on such issues.
In conclusion, the prolonged vacancy in the Office of the DPCI Judge has raised concerns about the efficacy and independence of the Hawks in carrying out their duties. The controversy surrounding the appointment of a DPCI judge remains an issue that requires urgent attention to ensure the integrity and effectiveness of the crimefighting unit.
Read the original article on Daily Maverick
