Madonsela holds fire over complaint on Mdluli

Public Protector Thuli Madonsela will not immediately be investigating allegations of misusing state resources, abuse of power and nepotism against crime intelligence boss Richard Mdluli.

She said on Tuesday there was no point in duplicating an investigation under way into the allegations by the Inspector General of Intelligence, Faith Radebe.

Madonsela was asked to investigate after reports, citing findings of police investigations, alleged that Mdluli had used a crime intelligence slush fund to hire family members as “secret agents” and had splurged on luxury vehicles.

Mdluli was reinstated late last month as crime intelligence head after the NPA withdrew fraud and corruption charges against him relating to the secret service fund.

Murder charges against Mdluli – involving the 1999 killing of his former girlfriend’s husband – were dropped late last year and an inquest ordered instead.

Asked about a Mail & Guardian report alleging that Radebe had come under political pressure to back-pedal from her recommendation that the criminal charges be reinstated, Madonsela said they had not discussed what had happened during a recent meeting that Radebe had with President Jacob Zuma.

Madonsela told Independent Newspapers after her briefing at Parliament on Tuesday that the impression she had gained from Radebe was that “no one is squashing her space”.

The Presidency and Police Minister Nathi Mthethwa have denied meddling in the matter.

Acting national police commissioner Lieutenant-General Nhlanhla Mkhwanazi told a parliamentary committee last week that the SAPS had been instructed by “powers beyond us” to release dockets to Radebe.

Madonsela said Radebe had told her, when they met about two weeks ago, that her investigation was “at an advanced stage”.

“The indication I got from her was she was still investigating… and still going to come out with her findings,” Madonsela said.

She acknowledged that Radebe – the civilian watchdog over the intelligence services – would submit her report, once finalised, to Parliament’s Joint Standing Committee on Intelligence, which meets behind closed doors.

“I will be informed of the outcome of her investigation. I didn’t consider the complication of the secrecy. I’d say at this stage, let’s look at it and see how it pans out.”

If necessary, she would argue for the need to account to the broad public on the matter, Madonsela said.

She said her interest in meeting Radebe had been to ensure the allegations against Mdluli were thoroughly investigated.

“My interest is just to make sure that there is a proper investigation and that all the allegations are given enough attention, the investigation is thorough and covers all the bases that need to be covered – and at the moment I have been assured that is going to happen.

“My second interest is whether (Radebe) has the same remedies that I can give in terms of what should happen should the finding be confirmed, because we don’t know at this stage – it is just allegations.”

Madonsela said Radebe was the “public protector of intelligence” and felt she would “do the right thing. At the end of the process she will share her findings with me.”

Her office was “a complaints body of last resort, so if things don’t go right we can revisit the process”, she said.

Madonsela has also been asked to probe reports that a R200 000 wall built for Mthethwa was paid for from the secret fund – but the minister has asked the auditor general to investigate. Madonsela said if the auditor general’s probe was under way she might wait for its findings.

- Political Bureau