Mkhwanazi, lawyer challenges IDAC’s denial of Khumalo 'arrest'
Updated | By Anastasi Mokgobu
The lawyer representing SAPS Crime Intelligence boss Lieutenant-General Dumisani Khumalo says his client was left “embarrassed” after reporting to the Brooklyn Police Station expecting to be arrested, only for Investigating Directorate Against Corruption (IDAC) officials not to arrive.
James Ndebele, who represents Khumalo and fellow general Mzondeni Madondo, says the two senior police officials were instructed to report to the station by IDAC on Thursday, but no arrest was carried out.
His comments come after IDAC dismissed reports that Khumalo had been arrested or that warrants of arrest had been issued against him.
Speaking outside the police station, Ndebele said his clients had been put through unnecessary legal costs.
“It’s embarrassing for my clients to be put at great expense, to have an attorney instructed to attend the police station with them at the request of IDAC, only for IDAC not to pitch at the police station.”
Ndebele said his clients had not been provided with details of the allegations they were expected to face.
“No further information has been provided to them. The specifications have not been provided to them. So, I will be making contact with IDAC to establish what allegations my clients are said to be facing.”
He said Khumalo and Madondo were disappointed by what had unfolded.
“They are in good spirits, but disappointed at the fact that they seemingly feel abused by IDAC. It’s not the first time.
Ndebele also confirmed that, according to information provided to him, a warrant had allegedly been issued, although he had not seen one.
“From what I’m told, a warrant was issued. I have not seen one.”
'WE ARE FACING A WAR'
Meanwhile, SAPS Head of Organised Crime Lieutenant-General Nhlanhla Mkhwanazi arrived at the police station, saying he wanted to witness what was happening after receiving intelligence that IDAC was planning action against him and Khumalo.
Mkhwanazi said he initially did not believe the information, but changed his mind after Khumalo told him he had received a call instructing him to report to the station.
He said he later became concerned after another call was allegedly made telling the generals not to come.
“They can get phone calls to come to the police station and an hour later get phone calls not to come anymore because of some intervention from some senior people somewhere.”
Mkhwanazi questioned how the process had unfolded.
“The question is, is this how justice is served?”
The senior police official also repeated claims he made before the Madlanga Commission that there were tensions between law enforcement agencies.
“We are facing a war. That’s all I can say. We are facing a war, and there are many players in this game.”
Mkhwanazi said police officials were not above investigation, but insisted any action against them should follow due process.
“We’re not saying that we are immune from being investigated. If there are things we did wrong, by all means. But it has to be executed.”
He also questioned IDAC’s statement denying that there had been any arrest process involving Khumalo.
“The phone calls are on record. They are there. The calls were made to come here. The calls were made not to come anymore.”
IDAC has maintained that reports of Khumalo’s arrest are incorrect and has denied that a warrant of arrest was issued.
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