Friday , October 22 2021

Court overturns 2012 decision to dismiss Bheki Cele as police commissioner



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The High Court of Gauteng in Pretoria has overturned the 2012 decision to dismiss the then national police commissioner Bheki Cele, who is now the minister of police.

Cele felt "justified" in the trial, her spokeswoman Reneilwe Serero said after the court ruling on Tuesday.

The President was ordered to pay the costs of the application, including the costs of three councils.

The Supreme Court also ruled that: "without reinstating the applicant (Cele) in his position as national commissioner, the decision of the (chairman) contained in the letter dated June 2012 … exonerating the applicant as a national police commissioner, is declared invalid and has no force and effect. "

In 2012, former chairman Jacob Zuma announced that he had decided to release Cele from his duties after considering the report of a commission of inquiry into Cele's shares related to leases.

The inquiry commission sought to establish whether Cele has acted corruptly, dishonestly or with an undeclared conflict of interest in relation to two police lease agreements signed with businessman Roux Shabangu – one for a building in Pretoria and one for a building in Durban.

OF OUR FILES: Bheki Cele dismissed

In July 2012, Cele filed a lawsuit to contest the findings of the report – used to dismiss him as national police commissioner – written by a commission of inquiry led by Judge Jake Moloi.

The council felt that Cele had acted dishonestly and with an undeclared conflict of interest in relation to two lease contracts signed by him.

"General Cele has always maintained over the years that the specific conclusions, conclusions, and recommendations of the council, arguing that he was, in connection with the acquisition of tenancy for housing the South African Police Services was" dishonest " And "in violation of Section 38 of the Public Finance Management Act, 1999," were irrational, biased, lacking in credibility, and challenging logic, "said Serero.

"The decision to exonerate him and release him from his duties as a national police commissioner was also invalid and without force and effect for the same reasons he advanced against the council's conclusions and recommendations."

Serero said that even during the council's consultation, there was "undisputed evidence" about the "impeccable and excellent record of police and Cele's abilities …".

Meanwhile, Cele said the fight against crime continued and that he remained committed to working with the police to combat, prevent and investigate crimes.

"I also convey words of appreciation and support to the common South Africans and the legal team, who were pillars of strength during the seven years of a judicial process to clear my name," he said.

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