Daily Dispatch

Trashing the offices of law

THERE seems no end to the outrages crippling our criminal justice system, a critical component of legal governance.

The latest in a growing list of blunders and illegitimate decisions is the unravelling saga over suspended police commissioner Riah Phiyega.

Police Minister Nathi Nhleko has now announced that a ministerial reference group has reported that Phiyega should be found guilty of misconduct, perjury and fraud.

And this is before a presidential inquiry appointed in the wake of the Farlam Commission into the Marikana massacre completes its work into Phiyega’s performance.

Perjury and fraud alone are severe criminal offences, and merely the hint of such impropriety around the head of any self-respecting lawenforcement organisation would warrant immediate dismissal and criminal prosecution.

Yet Phiyega is not the first to have blemished the office of the national commissioner in recent history, and she will undoubtedly become the third commissioner to have to vacate the office in disgrace.

The first was Jackie Selebi in 2008 – whose criminal actions eventually landed him in jail. And the second was Bheki Cele in 2011, who, far from being disgraced by a board of inquiry finding his corrupt actions made him unfit to hold the office, has been made a deputy minister.

Apart from the top office, other senior police officers have fallen foul of the law they are supposed to be sworn to enforce, almost to the point of becoming too numerous to recall.

And it’s not just the police who are being plagued by unprofessional behaviour or political meddling.

The office of the national director of public prosecutions (NDPP) – a second vital leg of criminal justice – has equally become entangled in webs of spies, lies and deceit.

The first NDPP to go was Bulelani Ngcuka who resigned in 2004 amid a cloud of political interference. He was succeeded by Vusi Pikoli who was unjustly suspended in 2007 despite an inquiry by Frene Ginwala finding he was fit to hold office.

Pikoli was followed in rapid succession by Mokotedi Mpshe, Menzi Simelane, Nomgcobo Jiba and finally the incumbent Mxolisi Nxasana (appointed in October 2013) who is also facing a presidential inquiry into his fitness to hold office.

We simply cannot continue shredding the reputations of the police and prosecuting authorities if we want to have a country governed by the rule of law.

We must have proper, professional and competent people in the key positions, and they must be able to do their jobs without political jackboots kicking them out.

If those who govern have no respect for the law which gives them the authority to govern, then we will quickly find ourselves no longer governed by law.

We pray that never happens.