Police inquiry continues

An application to compel Police Minister Nathi Mthethwa and others to supply documents in the Khayelitsha commission of inquiry court matter will be heard in the Western Cape High Court on Wednesday.

 

 

The application was brought by Western Cape premier Helen Zille and provincial community safety MEC Dan Plato.

 

On March 26, Judge Patricia Goliath said the parties would argue the matter on April 10, after a court recess.

 

She said it was unacceptable that lawyers for Mthethwa and three others had not given the court opposing papers before the time.

 

"The court is not going to be placed in a position where files are placed late and are uncommissioned. The court needs the opportunity to peruse it, to research it."

 

Zille established the inquiry in August 2012 to investigate alleged police inefficiency in the area. Mthethwa opposed the inquiry in the Western Cape High Court. His application for interim relief was dismissed in January.

 

In the judgment, it was concluded Zille had fully complied with the principles of co-operative governance.

 

The main application, by the police, to have Zille's decision to set up the inquiry reviewed, is pending before the high court.

 

In November, Zille and the community safety council served notice on the police to provide them with documents to which they referred in their founding papers.

 

They said these papers were either not annexed to the affidavits delivered in support of the application, or that only extracts were supplied.

 

The documents relate to affidavits made by Mthethwa, national police commissioner Riah Phiyega, Western Cape police commissioner Arno Lamoer, and civilian secretariat for the police service Jenni Irish-Qhobosheane.

 

Should these parties fail to comply with such an order, they want authorisation to make further applications for the dismissal of the main application, with costs.

 

Zille's lawyers noted two issues in the interlocutory matter, namely the contention that some documents were confidential, and that others were said to not be relevant to the matter at hand.

 

Mthethwa recently lodged a direct appeal to the Constitutional Court against the denial of interim relief. The matter is likely to be heard on August 6.

 

- By Sapa