At the height of state capture, then acting national police commissioner Nhlanhla Mkhwanazi stunned many when he revealed in parliament that “powers beyond us” had been telling him who he could or could not investigate.
He said: “We have been told in many instances of late that we don’t have the right to investigate certain case dockets. There are powers beyond us that are going to decide whether there is a conviction or not.”
That was in April 2012 when he appeared before parliament to answer questions about poor conviction rates. Some said he was deflecting responsibility and blaming politicians he did not name, while others said he was referring to how the Jacob Zuma administration was doing its best to protect Richard Mdluli, the head of crime intelligence, who has since been convicted of kidnapping and other crimes, proving he was an unsavoury fellow.
But Mkhwanazi garnered many supporters for having the courage to stand up to the Zuma administration when many, including politicians, were coalescing to keep their jobs. He then had to spend a year at home, as the empire hit back.
In the last few days, Mkhwanazi has hogged the headlines for the wrong reasons, accused of stepping in to stop the arrest of a warder accused of dealing in drugs. The facts are thin. He says he was ensuring there was no arbitrary arrest in a case where the link to the target was tenuous. This would be commendable, if true. The Independent Police Investigative Directorate (Ipid) has, however, launched an investigation. Yet two things can be true at once.
Speculation is that Mkhwanazi is a target for elimination in the race for the position of national commissioner, with incumbent Fannie Masemola set to retire in a few months.
EFF leader Julius Malema poured fuel on the fire at a Sharpeville rally on Friday when he said Mkhwanazi was about to arrest police minister Senzo Mchunu when Ipid was unleashed on him. It did not help that initial reports said it was Mchunu who asked for the probe into Mkhwanazi — but this was later clarified by Ipid, which said Mchunu had forwarded an anonymous complaint about Mkhwanazi.
Now Ipid must move with speed. If there is no prima facie case against Mkhwanazi, he deserves to be cleared expeditiously so he can focus on his KwaZulu-Natal assignment and also be considered for the top position. If he is considered but doesn’t get the position, it must not be because Ipid is still dragging its feet.
Further, if Mkhwanazi and his team have a docket on the police minister, they must act rapidly so we don’t have a perpetual cloud over a minister responsible for such a crucial portfolio. South Africa deserves a gutsy commissioner. If that commissioner is Mkhwanazi, we must not be denied the privilege of having him at the helm.
That said, if Mkhwanazi has real questions to answer, or if indeed he is protecting drug lords, the Ipid investigators deserve to be allowed to do their job without undue pressure. Mkhwanazi should not be treated like a celebrity officer around whom others must tiptoe. He must not be cushioned because he is reportedly investigating powerful people.
The challenges facing our police are many and varied. Walking Joburg inner city is an extreme sport
The challenges facing our police are many and varied. Walking Joburg inner city is an extreme sport. In Kuruman, Northern Cape, thieves steal corpses. Who does that? Some police stations still get robbed. Just recently, the Sunday Times reported how police cowered when shooting broke out at a club in Sandton. The palookas hid behind their vehicles until it was safe for them — not the people they should have protected. You would be shocked (not as used in politics) to note that the poor officers who attended the scene found nothing wrong about confessing their cowardly ways in police reports. “Once the gunfire stopped, we went to attend to the injured ... We went to secure the people who had been shot.”
The point is, when people are under siege our police can’t be depended on. They’re the types who arrive later to “attend to the injured”. They’re often outgunned and outmanoeuvred. In KwaZulu-Natal, Mkhwanazi’s people shoot to kill and often leave no witnesses. Whether that is something to export to the rest of the country is moot. But it has gained Mkhwanazi sizeable support because many are simply gatvol with crime. What I would have preferred is a case being made that Mkhwanazi and his team are effecting more arrests and ensuring more convictions compared to other provinces. This is the nub of what he was asked to do as acting national police commissioner in 2012.
But in a nation battered by crime, anyone who becomes police, prosecutor, judge and hangman at the same time also becomes a hero. Frankly, justice requires we do better than that. I believe his approach to fighting crime is woefully inadequate. I believe his communication machinery is working the media just as the mayor of Tshwane Nasiphi Moya is getting great PR, even though the situation on the ground remains concerning. It’s easy, in her case, to fall for the media razzmatazz when Joburg mayor Dada Morero is not visible and the mayor of Ekurhuleni is a distant memory.
But Mkhwanazi must not be disadvantaged because he gets the PR he deserves. And he must not be subjected to smear campaigns, as he claims, simply to exclude him from the national commissioner race. Those making the important calls about the future of policing in our country must simply look beyond the PR and ask crucial questions about arrests, prosecutions and convictions, as opposed to killing sprees to find the right commissioner to succeed our hapless Masemola, who seems tired and out of sorts.
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