Stuart James Scharnick has officially filed a defamation lawsuit against SAPS Crime Intelligence divisional head, Lieutenant General Dumisani Khumalo in Pretoria
Image: Kamogelo Moichela/IOL News
Controversial businessman Stuart James Scharnick has opened cases, including one of defeating the ends of justice against the South African Police Service’s head of Crime Intelligence, Lieutenant General Dumisani Khumalo, at the Pretoria Central police station.
This follows Khumalo’s testimony before the Madlanga Commission of Inquiry, where the senior police officer labelled Scharnick “a serial hijacker” and linked him to criminal syndicates. Khumalo also claimed that a Toyota double-cab bakkie driven by embattled deputy national commissioner Shadrack Sibiya was registered in Scharnick’s name.
Khumalo told the commission that Scharnick had “a criminal history with multiple convictions,” alleging that he had appeared in more than 30 criminal cases, including 18 convictions and several withdrawals or acquittals. He further alleged that Scharnick acted as Sibiya’s “personal protector” and had been seen accompanying him to Parliament during previous committee sittings.
But Scharnick, who insists that Khumalo’s statements are false and damaging to his reputation, has hit back. Scharnick concedes that he has criminal convictions, but none are for vehicle hijacking, as stated by Khumalo.
Speaking to journalists outside the Pretoria Central police station on Wednesday, Scharnick said he had instructed his lawyers to pursue both criminal and civil action against Khumalo.
“We have to start with the lies that he put on record, that I was convicted of 18 hijackings. I have not been convicted of one hijacking in my life. I have my records from the Local Criminal Record Centre (LCRC) and if General Khumalo had any intelligence, as the head of intelligence, he would have picked up the phone and phoned the Local Criminal Record Centre, which keeps the records of all the cases.
“Simply because he has not done that, and is misleading the Commission by lying under oath, we felt compelled to charge him. But he has also caused irreparable damage to myself and my family and he will be sued accordingly. My legal team is now preparing papers and we will be taking this matter even further than the criminal cases that we are opening this morning," said Scharnick.
Lieutenant General Dumisani Khumalo
Image: Independent Media
On Wednesday morning, Scharnick said he was opening three criminal charges, including perjury, contravention of the Protection of Personal Information Act (POPIA), and defeating the ends of justice.
While conceding that he has previous criminal convictions, Scharnick maintained that Khumalo’s claims about hijacking were false.
“My constitutional rights have been trampled by this man. His lack of intelligence and what he said is borderline idiotic, and the fact that he said it in front of the Madlanga Commission is shocking. I have never been convicted of hijacking in my life, and yet I am labelled as a serial hijacker.”
The Madlanga Commission of Inquiry was established to investigate allegations of misconduct, corruption and maladministration within the South African Police Service’s top ranks. The tensions between Scharnick and senior SAPS officials, including Khumalo and Sibiya, form part of broader factional disputes that have surfaced during the hearings.
jonisayi.maromo@iol.co.za
IOL News