How judge was misled by Crime Intelligence

It says court papers lay the blame at the feet of KZN Crime Intelligence head General Deena Moodley, but the interception application would also have had to be signed by his national boss, Lieutenant-General Richard Mdluli. The report says intelligence officials duped retired Judge Joshua Khumalo into signing the order by submitting a request for an interception order for certain numbers, but lying about who those numbers belonged to. The order was granted on 6 December 2010, soon after the newspaper produced a series of exposes about dodgy police tenders. Police Minister Nathi Mthethwa reportedly told the Sunday Times that officials who did this were committing crimes and 'will have to face the music'. Papers filed in the Durban Labour Court in February show that Lieutenant-General Fani Masemola served Moodley with a suspension notice for allegedly spying on 'certain journalists' under false pretences. Masemola says Moodley issued a 'verbal instruction' in November 2010 to 'have the cellular conversations of certain journalists intercepted', knowing that such an application contravenes the Interception Act in that it 'contains information which is false, incorrect or misleading'. Moodley said: 'My contention is that I did nothing illegal ... the matter is now still being investigated.' Full Sunday Times report

Mthethwa has ordered an investigation of the allegations, according to a Cape Times report. Mthethwa's spokesperson, Zweli Mnisi, said yesterday that the Minister had told police management to investigate the claims and ensure that those responsible were brought to book. Full Cape Times report (subscription needed)

Hawks investigators have nowhere to report political interference because the Police Minister has failed to appoint a retired judge to deal with complaints, according to a report in The Sunday Independent. One of the Hawks investigators who was probing allegations of fraud and corruption in the Crime Intelligence Unit raised concerns with his superiors in March, notes the report. The detailed report on the investigation of Mdluli points to considerable interference by politicians and his colleagues. The report forms part of court papers submitted in an application by Freedom Under Law to have the decisions not to prosecute or discipline Mdluli reviewed. In the report Colonel Kobus Roelofse says he had wanted to complain in accordance with the law, but could not because Mthethwa had not appointed a retired judge as required by law. In terms of the SAPS Act, which was amended in 2008 when the Scorpions were disbanded, a retired judge should be appointed to consider complaints of interference in the Hawks probes. According to Police Ministry spokesperson Zweli Mnisi, however, Mthethwa had appointed a judge, who served from May 2010 to May last year. His term of office expired almost at the same time as the Constitutional Court's judgment related to the review of the Hawks Bill. 'For this reason, a new judge was not appointed because the legislation was being overhauled to align with the judgment, a process that is in progress,' Mnisi said. Full report in The Sunday Independent (subscription needed)

Acting police chief, Lieutenant General Nhlanhla Mkhwanazi, wants a clean-up of Crime Intelligence, including suspending its former head, Mdluli, says a Sunday Tribune report. It says Mkhwanazi confirmed no one linked to corruption would be spared. 'I am a cop. I want the police environment to have clean cops. If we want to fight crime we must rid the SAPS of criminals and stay with clean cops,' he said. The report claims a source close to Mkhwanazi said he would suspend Mdluli and secret services account chief financial officer Major-general Solly Lazarus this week. Full Sunday Tribune report

His pending suspension is not the only bad news for Mdluli, notes a City Press report. It says the Hawks are waiting to arrest him and other Crime Intelligence officers for the alleged plundering of a R200m 'slush fund'.Besides allegations of nepotism, fraud and mismanagement of the 'slush fund', the police are also preparing to charge Mdluli with running a second, R40m-strong secret fund without authorisation. The Hawks are finalising their probe into the unit with the aim of making a number of high-profile arrests, says the report Full City Press report

The NPA has not yet responded to an internal memorandum threatening it with litigation if the charges against Mdluli are not re-instated, notes a Beeld report. NPA spokesperson Mthunzi Mhaga reportedly said the memorandum received by commercial crimes prosecutor Glynnis Breytenbach was an 'internal matter'. Gerhard Wagenaar, Breytenbach's attorney, said they had not received any word from the NPA on the issue. The NPA had also not responded to Breytenbach's request for reasons for her suspension. Full Beeld report

Public Protector Thuli Madonsela has been asked by Human Settlements Minister Tokyo Sexwale to investigate the possible abuse of authority and state resources by Mdluli, says a report on the IoL site. Sexwale made the request because of allegations made by Mdluli in a report where he fingered a number of ANC leaders who were allegedly part of a plot to unseat President Jacob Zuma. 'Minister Sexwale, whose name was mentioned as ostensibly central to the alleged plot, through his lawyers - Mkhabela Huntley Adekeye - has lodged a complaint with the office of the Public Protector to investigate the matter,' a statement from the Ministry said. Last year, Mdluli claimed that former President Thabo Mbeki's 'camp' was trying to take over Crime Intelligence ahead of the ANC's elective conference in Manguang later this year. Full report on the IoL site

Meanwhile, the Sunday Times has formally asked the SA Police Service to provide evidence of claims its journalists were paid to publish a damning story on top Hawks bosses - or withdraw the allegation. The newspaper's editor, Ray Hartley, lodged an application in terms of the Promotion of Access to Information Act on Friday, says a report in the paper. The three award-winning journalists who wrote the story - Rob Rose, Stephan Hofstatter and Mzilikazi wa Afrika - have each launched their own applications. This comes after a report by the police's Colonel Kobus Roelofse - which claimed there had been interference in the investigation of former Crime Intelligence boss Richard Mdluli - was filed in court last week. It formed part of an application by Freedom Under Law to interdict Mdluli. Roelofse claimed Crime Intelligence finance head Major-General Solly Lazarus and others discussed paying Sunday Times journalists to publish a newspaper report that would cast doubt on those investigating them. Hartley strongly denied the accusation. Full Sunday Times report