A legal showdown is looming between the secretary of the Civilian Secretariat for Police and police watchdog Ipid over alleged payments made to Police Minister Nathi Nhleko’s partner’s non-governmental organisation.
The Independent Police Investigative Directorate (Ipid) is investigating a case of alleged corruption involving the secretariat and NGO IndoniSA.
The Civilian Secretariat for Police advises the minister on policing matters, enabling him to exercise civilian oversight over the South African Police Service. IndoniSA is the NGO established by Nhleko’s partner Dr Nomcebo Mthembu.
Last week Friday, the secretary of the Civilian Secretariat for Police, Alvin Phumudzo Rapea, applied to the North Gauteng High Court seeking to have an earlier subpoena to release invoices and payments to IndoniSA, declared unlawful. The high court is yet to hear the matter. A date has not yet been set.
Documents seen by City Press reveal that Ipid was granted a subpoena in January by a Pretoria magistrate compelling First National Bank and the police secretariat to release bank statements and other documents – including contracts, invoices, orders, and proof of payment receipts of alleged payments made by the secretariat to the NGO. The deadline given to comply with the subpoena was February 17.
Ipid is investigating whether or not IndoniSA allegedly received any payments from the police ministry.
Mthembu did not respond to questions sent via email to her personal assistant on Tuesday at 4pm. Several calls and SMSes to her and Mthembu’s cellphone were not responded to by 4pm on Wednesday.
This is the latest salvo in the battle between Nhleko and Ipid head Robert McBride, who successfully took Nhleko to the Constitutional Court to fight for his job back after a suspension of nearly 18 months.
In November, Nhleko wrote to Speaker of Parliament Baleka Mbete, asking her to establish an inquiry into McBride
Police ministry spokesperson Sandile Ngidi said there was nothing sinister about the secretariat’s challenging of the subpoena.
He also described Ipid as being on a campaign “to harass and intimidate” the secretariat.
“Undoubtedly this case shows shameful abuse of process, since the Ipid is using the court to compel the civilian secretariat for the police service to give it confidential documents even though the directorate has no jurisdiction to investigate this independent civilian entity. It is worrying that the Ipid has involved the court in a matter that the two departments would have resolved through reason and mutual respect,” he said.
However two senior sources within Ipid questioned why the subpoena was being challenged.
Ipid spokesperson Moses Dlamini confirmed the investigation but declined to provide additional details.