The Ministry of Police has come under criticism for taking almost two years to fill the vacant position of the Directorate for Priority Crime Investigation (DPCI) Judge.
This comes after it emerged that former DPCI Judge Frans Diale Kgomo’s contract was not extended in October 2022.
Kgomo’s successor, Judge Frans Legodi was appointed only in May this year to oversee the investigation of complaints related to infringement of the rights of the public by DPCI investigators and interference in probes conducted by the Hawks.
The non-filling of the position took place while Bheki Cele was the minister of police.
Charmaine Marshall, the director in the Office of DPCI Judge, said their office had been without a judge appointed for the whole of the 2023-24 financial year.
“What we did in terms of caseload and reduce backlogs, a delegation was obtained from the Minister of Police to have acting secretary (Takalani) Ramaru sign off some of our administrative matters and cases we were dealing with,” Marshall said.
“It affected the office severely because there was no conclusion on any investigation with adverse findings because we only finalised administrative and out of mandate (matters).
However, investigations did not stop but were not concluded.
“We are reviewing all finalised and concluded (cases) and the Minister is forwarded with reports for implementation,” she said.
The office had at the end of April 2023, 124 cases on hand, which included 69 that fell within their mandate and 55 outside their mandate.
During 2023-24, there were 48 cases received.
The complaints came from the members of the public on issues related to the abuse of power, failure to investigate, unlawful arrests, harassment by DPCI members, revealing of confidential information, improper investigation and undue delays.
Marshall said 10 of the cases within the DPCI Judge were finalised and signed off.
“The 32 within the mandate investigation were concluded but are awaiting the review from the Judge,” she said.
The EFF condemned the situation, labelling it a “blatant sabotage of justice and accountability”.
“This dereliction of duty has crippled the Hawks ability to investigate misconduct and political interference within its ranks, enabling criminal elements in the state to thrive unchallenged.
“This is not mere incompetence (but) a deliberate act of the very structures meant to protect the people from corruption and abuse of power,” spokesperson Leigh-Ann Mathys said.
Deputy Minister of Police Cassel Mathale confirmed that a process to appoint a new judge was initiated after Kgomo’s term ended.
Mathale said Judge Kgomo had asked to stay on so that he could finalise things he had not concluded.
“It does not work that way. If there are outstanding matters, he must hand it over and the new judge who comes in will take that process forward. In his lobbying for the extension, it ended up reaching the Chief Justice and we experienced difficulties to get his replacement,” he said.
Mathys said that the repercussions of the delay in the appointment of DPCI Judge have been disastrous, with no investigations reaching conclusions for the comprehensive duration of the current financial year.
“The impact of this betrayal has been catastrophic. As the DPCI’s Office of the Judge has confirmed, no investigation with adverse findings could be concluded due to the absence of a judge in place,” she said.
“The EFF reiterates its call for the full independence and resourcing of institutions meant to fight corruption, free from political interference,” she said.
Police Minister Senzo Mchunu noted that discussions were ongoing with the new DPCI Judge to address pressing issues within the office.
“We are in ongoing discussions. They are not huge or difficult matters, but they are matters to ease their work,” Mchunu said.
Police portfolio committee chairperson Ian Cameron has welcomed the appointment of Legodi.
Cameron urged Mchunu to ensure the DPCI office is never left without a judge again.
“DPCI Judges play a vital role in ensuring the directorate operates beyond reproach,” Cameron said.
Cape Times