Last week, the Labor Court blocked an attempt by the South African Police Service to subject Major General Feroz Khan, head of security and counterintelligence, to fast-track disciplinary proceedings that could have led to his immediate dismissal. (Delwyn Verasamy/M&G)
The Labor Court last week sought to subject Major General Feroz Khan, South African Police Service (SAPS) head of security and counterintelligence, to fast-track disciplinary proceedings that could lead to his immediate dismissal. Management's attempts were halted.
Khan appeared in court in early November to block the head of the Criminal Intelligence Service, Lieutenant General Dumisani Khumalo, and the National Police Commissioner, Chief Fanny Masemola, from proceeding with the hearing.
He claimed in court documents that he was “being persecuted for doing his job” and that the issue of him being a “competent witness” would end the investigation into his career and SAPS leadership. He claimed that it was being used to
The court hearing revealed infighting within the criminal intelligence agency and new allegations that its operatives and other senior police officials are deeply involved in organized crime.
Parliament's Portfolio Committee on Police on Monday described the Khan case and other cases involving criminal intelligence as the SAPS' “Achilles heel” in the fight against crime, and urged management to stop “destructive behavior”. I asked for it.
Mr Khan faces charges from authorities of defeating the cause of justice and bringing SAPS into disrepute over his role in a R300-million drug bust near OR Tambo International Airport in 2021. . Three police officers were initially charged in the case.
The case against the three was dropped, but Mr Khan and other SAPS members, who arrived at the scene after being alerted to a possible conflict between members of different police forces, were subsequently charged with defeating the ends of justice. It was done.
The Director of Public Prosecutions refused to prosecute Mr. Khan and others, stating that the matter was “a minor internal dispute between different law enforcement agencies, and mediation rather than prosecution is warranted.”
However, an investigation by the Independent Police Investigative Directorate (Ipid) led to departmental charges being brought against Khan in October, although no other officers brought charges against him. Mr. Khan was notified of an expedited hearing later this month.
He complemented his call for intervention asking the court to prevent the Regulation 9 process from proceeding and instead introduce Regulations 8 and 11 processes into the SAPS.
Last week, Acting Judge Lindiwe Vukewa waived the Rule 9 procedure, which does not allow Mr Khan to give evidence or cross-examine witnesses, and instead ordered SAPS management to follow procedures under Rules 8 and 11.
Under both of these regulations, any proceedings against Khan will be conducted in terms of normal disciplinary procedures with the right to representation, the right to present witnesses and evidence, and the right to cross-examination by SAPS management.
Mr Khan said in his affidavit that the expedited process was brought about as a “ploy to get me fired and kicked out of SAPS without due process or fair hearing”.
The cocaine bust, for which he was a “competent witness,” was “drilled up” after a three-year delay and used in an attempt to force expedited proceedings “within a week.”
Mr Khan said he had spent hours in talks with Johannesburg's Director of Public Prosecutions about reinstating the drug case, but said the possibility “remains open” and believed this was one of the reasons he was being targeted. He said there was.
He said he was carrying out a “careful investigation” into Mr Khumalo's “criminal conduct, misuse of secret service funds and nepotism” and had confidentially disclosed the matter to his superiors on several occasions.
“If SAPS really wishes to pursue the allegations against me in good faith, there is no reason why it cannot do so through a regular disciplinary hearing under Regulation 8,” Mr Khan said.
He said no action had been taken against the other four police officers charged and that Mr Khumalo had “dug up incidents from over three years ago to secure my dismissal”. Ta.
“In the course of carrying out my duties, my investigation uncovered misconduct and revealed that I had been targeted by those seeking to subvert SAPS disciplinary regulations by resuscitating a three-year-old child. I am indeed a competent witness in this investigation and they hope to use the same investigation to bring me to an expedited hearing,” Khan said.
The investigation he was conducting “will be discontinued if I am fired, and the perpetrators will be cleared of any wrongdoing. Otherwise they will face criminal prosecution.”
“I'm being persecuted for doing my job.”
Mr Khan said the drugs could have been “moved for sale or for aiding and abetting a major drug operation” and that the expedited process “was a result of the unwillingness and unwillingness of the police and their accomplices.” “This is retaliation for suppressing illegal motives.”
In a sworn affidavit, Khumalo denied Khan's claims and said the Title 11 process was fair and had the consent of the Police and Prison Civil Rights Union, to which Khan belonged. Ta.
Mr Khumalo said the charges faced by Mr Khan “justify the introduction of the expedited procedure set out in Regulation 9”.
“Given the gravity of the misconduct against the applicant in the light of the provisions of the Regulations, prompt disciplinary proceedings are necessary.”
He said Ipid had recommended the Regulation 9 process and the fact that the incident occurred three years ago was “neither here nor there”.
Mr Khumalo also denied that Mr Khan was “being victimized by the accused because of what he said”.
He said he had “no idea” about the investigation he is said to have conducted.
He said Mr Khan had not made any protected disclosures before being notified of the disciplinary hearing and had not followed SAPS' whistleblowing policy.
“I do not know what investigation the applicant is referring to and he also denies that I asked him to stop the investigation,” Mr Khumalo said.
It said the instructions to stop the investigation “should have been included in each document” and demanded that Khan produce the documents.
Mr Khumalo said it was “predictable” that Mr Khan would be removed through an expedited disciplinary process that would give him a chance to prove his innocence.
Acting Judge Vukewa found that there was no reason for SAPS not to comply with Regulations 8 and 11, particularly because of the circumstances in question and the allegations of misconduct by senior officials.
Mr. Vukewa also ruled that Mr. Khan would not be granted later relief at the Article 9 hearing.
“While I do not wish to agree with the opinion that the applicant will be dismissed if the disciplinary hearing under Article 9 of the Regulations proceeds, I do agree that the applicant will not be able to obtain any substantive relief at the hearing in due course,” she wrote in her ruling. mentioned in.
It was clear that the SAPS management was “enthusiastic about finalizing the disciplinary hearing”.
“The circumstances of the incident, the possibility that SAPS officers were involved in the crime, the possibility that these officers were involved in the transport and smuggling of drugs, and the possibility that they took part in syndicated operations involving the police,” the acting judge said. “Transportation” means everything must be properly ventilated, he said.
Bukewa said that by following rules 8 or 11, no party would be subject to prejudice and this would also prevent a situation where “the referee becomes a player”.
“This matter is so fragile that it seems peculiar that it should be dealt with in a conference format where no evidence is allowed to be presented and no cross-examination of witnesses is conducted,” she said.
Parliament's Portfolio Committee on Police warned on Monday that reforms to the SAPS could lead to “self-destructive actions” that could undermine the “commendable progress” made in “transforming SAPS into a powerful tool to fight crime”. He called on police leaders to stop such behavior.
Commission chairman Ian Cameron said that while there had been “commendable progress” in the past five months, the “ongoing challenges” facing crime intelligence meant that “no active action towards SAPS reform could be taken”. There is a possibility that the initiative will be stalled.”
He said crime intelligence was SAPS's “Achilles' heel” and “the urgency of solving the problem cannot be overstated”.
Prime Minister David Cameron said there was “resistance to reform” in the criminal intelligence sector.
“The ultimate test will be how the SAPS management responds to areas of concern towards ensuring a safe and secure country. If these self-defeating actions can be overcome, SAPS will continue to improve in its efforts to fight crime. “It will put us on the path to the recovery we need,” he said.
SAPS spokesperson Colonel Atelenda Mate did not respond to SAPS inquiries. email and guardian.
