The most concerning aspect of the current spate of corruption and incompetence scandals is that many relate to the Criminal Justice System. This structure is supposedly the bulwark against moral turpitude, malfeasance and corruption. Instead it is patently more venal and duplicitous than the supposed criminals.

Without a functioning and competent Criminal Justice System, a country is doomed to anarchy and mob justice. Its role is to serve an impartial role in the dispensing of justice in a fair and just manner without fear or favour.

Contrast what happens in South Africa with this statement by the Chairman of the BBC regarding the non-renewal of Jeremy Clarkson’s Contract for Top Gear:

“For me a line has been crossed. There cannot be one rule for one and one rule for another dictated by either rank, or public relations and commercial considerations.”

 
Aside from the clarity of that statement and the fact that it sends a very definite message of what the BBC’s standards represent, it took a fraction under two weeks to conclude the matter. Instead of Jeremy being on suspension interminably, the matter has been expeditiously dealt with.

Just imagine if South Africa was even a quarter as efficient in this regard as the BBC?

What is the status of the Criminal Justice System today? Is it in rude health or flapping and squawking aimlessly about? [No pun intended]

Are they the Hawks or the wily untrustworthy Foxes?

Let us commence with the Hawks, the elite crime busting unit. Officially known as the Directorate for Priority Crime Investigation (DPCI) it targets organized crime, economic crime, corruption, and other serious crime referred to it by the National Commissioner of the South African Police Service.

In recent weeks the following instances of dishonourable behaviour has been reported. On Wednesday, the deputy Head of the Hawks in KwaZulu-Natal was arrested and appeared briefly in court, according to the National Prosecuting Authority. The NPA spokesperson Natasha Ramkisson has confirmed that Brigadier Simon Madonsela appeared in the Durban Commercial Crime Court on two charges of corruption. It is alleged that Madonsela had accepted two payments, of R25 000 and R3 000, from two complainants. He has been released on bail of R5 000 and is due back in court in April. Madonsela is the deputy to KZN Hawks boss Johan Booysen.

What about the National Head of the Hawks, Anwar Dramat? On the 23rd December, Dramat was suspended pending a probe into his alleged involvement in the illegal rendition of four Zimbabweans in November 2010. Dramat then took the Hawks to court. On 6 February Judge Bill Prinsloo in the North Gauteng High Court ruled that his 23 January order allowing Dramat to return to work remained in effect, irrespective of any other appeal that may be brought.

The Police Minister then appointed Major General Berning Ntlemeza as acting national Hawks head. Prinsloo then also ruled that Nathi Nhleko’s decision to appoint Ntlemeza as acting national Hawks head was unlawful and invalid.

In the meantime the head of the Hawks in Gauteng, Shadrack Sibiya was also suspended for his involvement in the illegal rendition of two Zimbabwean Nationals. This decision was in turn overturned by the Courts.

Then the acting head of the Hawks appealed this verdict. In a scathing indictment, the Judge in the High Court judgment dismissed an application by acting Hawks head Berning Ntlemeza alleging that Ntlemeza “lacked integrity and honour.”

Furthermore he stated: “

“I am of the view that the conduct of the third respondent shows that he is biased and dishonest. To show that the third respondent is biased, lacks integrity and honour, he made false statements under oath.”

Can the NPA be relied upon to possess honesty & integrity?

Like the rest of the Criminal Justice System and the Parastatals, the NPA has an acting head as it previous head – you guessed it – on suspension due to not obtaining a security clearance for the job. In other words nobody performed a rigorous vetting process.

The previous head, Mxolisi Nxasana’s latest move was to file an urgent court interdict, which he later withdrew, to get Zuma to explain why he wants to suspend him.

Prior to his appointment, Nomgcobo Jiba was the acting head. Like a death ray, she scythed through the competent personnel at the NPA. Firstly she suspended prosecutor Gerrie Nel on spurious charges, then she frogmarched the highly competent Glynnis Breytenbach out of the NPA.

Serving as fighter cover for Richard Mludli, she refused to prosecute him. This has now resulted in her receiving a summons in this regard.

Finally she met her match, Johan Booysens of the Cato Ridge Organised Crime Unit. She charged him for operating a hit squad without the slightest shred of evidence.

She lost. Booysens won.

But to no avail.

After Mxolisi Nxasana’s suspension she was immediately tapped to occupy the premier position as head of the NPA yet again. Then a few days ago, it was reported that Nomcgobo Jiba was to be charged for perjury and two counts of fraud.

Is IPID independent of ANC’s political interference?

Surely IPID, the Independent Police Investigation Directorate cannot be in more disarray than the NPA? With Robert McBride at the helm, a staunch ANC support and an ex-killer of night club patrons on his illustrious CV, he would stop the rot.

Or could he? Or would be? Or would be become part of the ANC’s problem?

He has obviously trampled on senior ANC member’s toes. His has resulted in his summary suspension pending the outcome of an investigation into his alleged arbitrarily amending a report on the Hawks head regarding the illegal rendition. On the basis of the revised report, the Court found that there were no grounds for Anwa Dramat’s suspension and ordered that it be lifted.

What about the men in blue?

Is there any chance of a good news story about the police?

Those are just fairy tales and only children believe in them.

At the junior level, there appears to be a rotten core. One recent manifestation of this is the recovery of guns which were previously handed into the police in Gauteng being uncovered in the Western Cape.

Jackie Selebi was the first to severely hobble the police’s investigation abilities. In sidelining the detective services and closing all the specialised investigation units, prosecution rates plummeted. As an ANC politician rather than a policeman by training, he failed to comprehend the vital importance of both of these divisions.

 

Then came Bheke “The Cowboy” Cele. More concerned with his self-promotion, he strutted across the South African stage in his fineries. Amongst his faux pas is the inane tenet, shoot to kill. In the aftermath of these calls, deaths due to police action skyrocketed.

Then came a new National Police Commissioner, an ex-social worker, Riah Phiyega’s who like the previous two political appointees, didn’t understand even the basics of policing. The less said about her less than illustrious performance in this important position, the better.

Besides all those disastrous actions, the closure of the highly effective Scorpions was yet another nail in the coffin.

The death knell

Taken together, these sordid actions reveal the sheer incompetence of the ANC in managing a Criminal Justice System at even a minimally professional and competent level.

As will be noted, many of these actions are interrelated between the various agencies. That implies political interference somewhere in the system.

What was the initial trigger for this precipitous slide to ignominy? The desire of the Jacob Zuma to protect himself from prosecution.

In this he was aided and abetted by the ANC.

Currently all elements of his system are is disarray and dysfunctional.

The futile attempts by their spin doctors – aka Spokesmen – to whitewash this calamitous situation will not assuage the concerns of the citizenry of South Africa.

Two final comments

According to a Max du Preez, the commencement of the rot was the appointment of ANC cadres such as Jackie Selebi. However it was the appointment of Richard Mdluli to head the Crime Intelligence section that the calamitous events started occurring. With incriminating evidence on many senior ANC members, Mdluli has utilised that damning information to inculpate them. Until the evil that Mdluli is finally exorcised from the Criminal Justice System, ructions will prevail.

Lastly the former Prime Minister of Singapore, Lee Kuan Yew, espoused three tenets about which he was passionate, two of which are pertinent in this situation.

Firstly always employ on merit and not for political or other reasons. Secondly be extremely tough on corruption. Lee Kuan Yew – born Harry Lee Kuan Yew – could not abide malfeasance in any form and was particularly ruthless in expunging it from Singapore. The third in the trio of maxims related to education which is obliquely importance in this context.

Can I make a novel and quite revolutionary suggestion?

How about appointing competent incorruptible staff to fill these positions?