Suspension of Intelligence Chief Imtiaz Fazel raises concerns amid investigation

Police remain mum over claims that President Cyril Ramaphosa suspended Inspector-General of Intelligence (IGI) Imtiaz Fazel following complaints about leaking investigation reports implicating National Commissioner General Fannie Masemola and crime intelligence head Lieutenant-General Dumisani Khumalo.

Ramaphosa announced on Wednesday that Fazel, whom he appointed in November 2022, had been suspended with immediate effect but did not provide reasons.

He said Fazel was suspended pending a decision in an investigation by Parliament’s Joint Standing Committee on Intelligence (JSCI) into his conduct.

The committee informed Ramaphosa that it had received a complaint on Fazel’s conduct and that it would conduct an investigation in accordance with the Intelligence Services Act.

The Act makes provision that "if the Inspector-General is the subject of an investigation by the (JSCI) in terms of subsection (4), he or she may be suspended by the president pending a decision in such investigation".

Dr Jean Redpath, senior researcher at the University of the Western Cape’s Dullah Omar Institute’s Africa Criminal Justice Reform programme, said the suspension was concerning.

"The Intelligence Services Oversight Act says the president may suspend the IGI if there is an investigation by the JSCI towards his removal from office, and the grounds on which he can be removed are misconduct, incapacity, withdrawal of his security clearance, poor performance, or incompetence," she said.

Redpath added: "We don’t know which of the grounds is under consideration, the speculation is that it relates to the leaking of his recommendations to the committee that there be disciplinary action and prosecution of the national police commissioner (Masemola) as well as the head of crime intelligence (Khumalo) to "related to the purchase of properties at inflated prices in KwaZulu-Natal for the crime intelligence division."

Earlier this month, it was reported that Fazel recommended criminal charges against Masemola and Khumalo for the purchase of five properties for more than R120.7 million using the crime intelligence’s secret service account.

Redpath said no one knew where the leak came from since the committee comprises of a number of people.

"Any of the members of the committee could possibly have been responsible but remember also there are staff in the committee. It’s going to be a task to uncover where the leak came from," she said.

According to Redpath, she recently became aware of someone else who made allegations against Khumalo and he was very swiftly prosecuted in the specialised commercial crimes court, which usually hears complex matters.

"For ordering a catering meal without proper authorisation, which is not permitted but is not normally something that would go through the specialised commercial crimes court.

"The prosecution, in fact, didn’t succeed, but it was very swiftly taken on appeal. It does seem as if one has to be squeaky clean if one is going to make any allegations of any sort," she stated.

Former ANC MP and erstwhile JSCI chairperson Jerome Maake, who headed the committee when it recommended Fazel for appointment, said it would be highly inappropriate for him to comment on the suspension.

Sylvia Izaks, the current JSCI chairperson, and Fazel did not respond to questions on Friday.

National police spokesperson Brigadier Athlenda Mathe also did not respond to requests for comment on Saturday.

Fazel beat 10 other candidates, including ANC veteran Reverend Frank Chikane and his predecessor, Dr Setlhomamaru Dintwe, to the position in 2022.

Chikane was the ANC’s favoured candidate but could not muster the required number of MPs after opposition parties voted against him due to his age and close ties with the ANC.

Fazel, a chartered accountant, previously served as acting Public Works director-general, and also served as deputy director-general in the office of the director-general of the State Security Agency.

He also served as acting chief operating officer in the office of the IGI and was a consultant in the Ministry of Intelligence in the late 1990s and early 2000s.

loyiso.sidimba@inl.co.za