MEDIA STATEMENT
Cape Town, Sunday 12 January 2025 - Public Interest SA notes with grave concern the allegations reported in the media that KwaZulu-Natal's police chief, Lieutenant-General Nhlanhla Mkhwanazi, interfered in the arrest of a senior Department of Correctional Services official, Ms Nelisile Ndlovu, on suspicions of running a drug cartel at Westville Maximum Prison.
While it is imperative that any credible allegations of misconduct or corruption within correctional facilities are investigated thoroughly, the circumstances surrounding this case suggest a troubling potential abuse of power within the South African Police Service (SAPS). It is equally critical to ensure that due process and proper investigative procedures are followed to protect the integrity of the justice system and prevent unlawful arrests that cost taxpayers billions of rands annually.
Concerns Regarding the Incident
From the City Press newspaper report, it appears that the arrest and search operation conducted by the SAPS National Intervention Unit did not adhere to proper protocols:
Lack of a Search Warrant: The operation proceeded without applying for a search warrant, despite sufficient time to do so.
Questionable Evidence Collection: The alleged drugs and ammunition were found in a communal rubbish bin, raising serious concerns about whether the evidence could be reliably linked to Ms. Ndlovu.
Failure to Engage Provincial and Local SAPS Structures: The arresting officers acted independently of the provincial and local police leadership, raising questions about coordination and oversight.
Lieutenant-General Mkhwanazi’s Actions
Based on the news reports, Lieutenant-General Mkhwanazi’s intervention appears to have been motivated by a commitment to ensuring lawful and credible investigations. His insistence on gathering irrefutable evidence - such as fingerprints and surveillance footage -before making an arrest demonstrates his dedication to upholding justice while minimizing potential civil liability for SAPS.
Mkhwanazi’s concerns about the possibility of planted evidence and the lack of strong evidence linking Ms. Ndlovu to the alleged contraband should not be misconstrued as an attempt to shield any individual from legitimate prosecution. Instead, his actions underscore the need for fairness, transparency, and adherence to the rule of law.
Call for Accountability and Transparency
Public Interest SA calls on Parliament’s Portfolio Committee on Police to urgently summon National Police Commissioner, General Fannie Masemola, to account for the actions of the SAPS officers involved in this incident. This is not only necessary to address the potential abuse of power but also to safeguard the public’s trust in the integrity of law enforcement operations.
It is unacceptable that in the 2023/2024 financial year alone, over 4,000 cases of unlawful arrests resulted in R2 billion being paid out by SAPS. This alarming trend must be curbed by strengthening internal accountability mechanisms and ensuring that police officers conduct themselves with professionalism and integrity.
Public Interest SA strongly supports efforts to combat corruption and criminality within correctional facilities and the SAPS. However, these efforts must always be guided by the principles of justice, fairness, and adherence to proper investigative protocols. We urge all stakeholders to act with integrity and transparency to resolve this matter and ensure that South Africa’s law enforcement institutions remain credible and accountable to the public they serve.
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Public Interest SA
media@publicinterest.org.za | 010 005 5884
Image: City Press