Former acting SAPS national commissioner Khomotso Phahlane alleged on Wednesday that political interference in the police has been prevalent after the ANC elective conference held in Polokwane in 2007.
“I am saying in my affidavit we must not shy away that political interference has been prevalent in SAPS. It became more prevalent following the 2007 Polokwane conference. From thereon, we started seeing practices that were not a norm,” Phahlane said.
While being led evidence by chief evidence leader, Advocate Norman Arendse at the Ad Hoc Committee that is probing allegations made by KwaZulu-Natal Police Commissioner Nhlanhla Mkhwanazi, he confirmed that the appointment of former Crime Intelligence divisional commissioner Richard Mdluli that was followed by former minister Nathi Mthethwa fell outside the established practice.
Phahlane said Mthethwa failed to present the submission on the appointment of Mdluli to Cabinet in 2009.
“I am the last person to be appointed following a submission to Cabinet. Everyone appointed after my time, that process did not follow the Cabinet process,” he said.
The former acting national commissioner told the Ad Hoc Committee that at the time of Mdluli’s appointment, he was the divisional commissioner for human resources.
He explained that the protocol at the time was that a recommendation was submitted through the Minister of Public Service and Administration to do the screening and prepare a memorandum for the Cabinet for approval.
“In this case, acting national commissioner Tim Williams called me in and I had to sit together with the minister and other ministers, who constituted a panel,” he said, adding that Advocate Madonsela was the only official who was part of the interviewing panel.
Phahlane said a memorandum was put together, submitted to Mthethwa, and went to Department of Public Service and Administration a day before Cabinet.
“On the morning of the Cabinet sitting, I got a call from office of the minister that the submission is to be returned so that appointment can be made and that there was no need for it to go to Cabinet.”
Asked whether Mdluli was qualified for the position, Phahlane said he did not have a problem with Mdluli.
“I present facts as to what the situation was before and what it is now. Even in my affidavit I say there is nothing wrong with General Mdluli. He was one of competent investigating officers,” he said.
Phahlane said the process to appoint deputy commissioner for Crime Intelligence was changed.
Pressed on who returned the memorandum that was meant for Cabinet, Phahlane said he was called by the spokesperson of then Public Service and Administration Minister Baloyi that there was conversation between Baloyi and Mthethwa.
He said he spoke to the minister and was told there was discussion that “we can go ahead and announce that appointment”.
Asked whether the appointment was irregular or there was executive authority overreach, Phahlane said he did not know.
“All I know is what I already said that there is a set process.”
He explained that the SAPS national commissioner advertises the post, then appoints an interviewing panel, which makes recommendation and forwarded it to DPSA through the Minister of Police and signed off to go to Cabinet and appointment is made.
“I am not going to dwell on whether it was irregular or unlawful. In police, the people appointed by the president are the national commissioner and the head of the Hawks.
“There is no provision for the minister to put together or chair a panel, worse in this case, you did not have a national commissioner.”
He insisted that he did not have issues with Mdluli, whom he said may not been in the Crime Intelligence Unit before he was appointed and did not appoint himself.
