Nkabinde says Mchunu asked him to refer complaint against national police boss to IDAC

Suspended Police Minister Senzo Mchunu authorised the referral of the complaint by National Coloured Congress leader and MP Fadiel Adams against SAPS commissioner Fannie Masemola to the Independent Directorate Against Corruption (IDAC).

This was revealed by Mchunu’s chief of staff Cedrick Nkabinde on Wednesday when he gave his testimony to the parliamentary inquiry probing the allegations made by KwaZulu-Natal commissioner Nhlanhla Mkhwanazi.

“I presented it to the minister and the minister advised me to refer it to IDAC,” Nkabinde said.

He was giving his evidence on the complaints that were lodged by Adams to Mchunu’s office within days after the MP opened cases in the Western Cape and Gauteng.

The complaint was referred while the SAPS Inspectorate had asked to be given 10 days to attend to the complaint and interview Adams.

Nkabinde told the inquiry that the referral to IDAC had nothing to do with the separate investigation by the Inspectorate, which handles service delivery complaints.

Advocate Norman Arendse asked Nkabinde if Mchunu was complicit in sending the scanty complaint to IDAC for investigation.

He responded, saying the minister did “a very good job”.

“If he sits on it, it will be defeating (the ends of justice),” said Nkabinde.

Earlier, the parliamentary inquiry heard that Mchunu received a complaint from Adams that the dockets he opened in Western Cape and Gauteng were unlawfully intercepted.

Mchunu then asked the complaint to be referred to Masemola, who in turn referred the issue to the Inspectorate.

Nkabinde said Adams subsequently sent an email and requested the dockets be investigated by an independent body.

This after Masemola apparently said all was above board in connection with the allegations of fraud, theft and nepotism made against Crime Intelligence head Dumisani Khumalo and others.

Mkhwanazi had previously testified that Khumalo's arrest by IDAC had nothing to do with corruption but was calculated move to shut down investigations into powerful drug cartels and organised crime.

Mkhwanazi had said that internal sabotage and political interference were crippling the Political Task Team’s (PKTT) work, which was tasked with unearthing deep-rooted criminal networks operating across provinces.

When asked by Arendse whether the investigation into Masemola fell within IDAC’s mandate, Nkabinde said yes.

“Fraud and corruption is their mandate,” Nkabinde said.

He said that Adams’ complaint showed that he has lost confidence in Masemola and wanted an independent investigation by a body outside the SAPS.

“This complaint is (elevated from a) service delivery complaint. The complainant requested an independent investigation. It means the dockets need to be investigated independently,” he said.

“When a complainant has lost confidence in the national commissioner, the only relevant independent body is IDAC because other relevant bodies are under the national commissioner.”

ANC MP Xola Nqola asked Nkabinde knew that the dockets opened by Adams were opened within two days in October 2024 and that a complaint had been lodged with Mchunu’s office a few days later.

 Nkabinde said he was unaware and that the complaint did not give an indication on the time factor.

“It only refers to case numbers. You would not know when it was registered.”

However, Nkabinde said when a case was opened, it was expected to be allocated to a detective within 24 hours.

“Instead of a case (being) allocated to a detective, it is removed. It raises red flags,” Nkabinde said.

He was adamant that despite the Inspectorate probing the complaint, the criminal investigation should have proceeded.

“There is nothing wrong to ensure a criminal case is investigated. The process of the Inspectorate should not hinder the process of investigating this. It’s a parallel process,’ said Nkabinde.

He pointed out that the Inspectorate dealt with service delivery issues.

Earlier in his testimony, Nkabinde was quizzed about Mkhwanazi's claims that there was pattern to discredit the members of the Political Killings Task Team and implicate them for defeating the ends of justice.

Mkhwanazi had been asked by IPID to make a statement in connection with allegations that he stopped officers from arresting a senior Department of Correctional Services official at Qalakusha prison after the discovery of drugs.

Nkabinde said the complaint had nothing to do with the PKTT, but was aimed at Mkhwanazi for allegedly stopping officers from arresting the official.

“Here, it is a defeating the ends of justice case opened against General Mkhwanazi.”

However, Nkabinde said Mkhwanazi had told him that he was not interfering in the arrest of the affected officer, but was avoiding unnecessary civil claims when he suggested that the drugs be taken for testing, as they may have been planted.

mayibongwe.maqhina@inl.co.za