‘Bit of a war’: Cele says deliberate decision taken not to brief him on July riots

Police Minister Bheki Cele testified at the South African Human Rights Commission’s (SAHRC‘s) investigative hearings into the July riots on Monday.

The SAHRC is conducting a national investigative hearing into the devastating riots that swept through parts of Gauteng, which are set to continue until 4 March.

Earlier in the proceedings, Cele indicated that there were signs of unrest before the imprisonment of former president Jacob Zuma.

The rampant looting and violent unrest in some parts of KwaZulu-Natal (KZN) and Gauteng, which left more than 300 people dead, was triggered by Zuma’s arrest in July 2021 following a Constitutional Court (ConCourt) ruling.

The minister also reiterated that he did not recall receiving any intelligence report on riots from the South African Police Service (Saps) and the State Security Agency (SSA).

‘A little bit of a war’

Cele continued with his testimony from the SAHRC’s hearings last year, and was asked if there was any intervention or action taken from his office to ensure that he received intelligence reports.

The minister suggested that “there was a little bit of a war” at the time, after the removal of Saps’ Crime Intelligence division head and other top police officials.

“I was phoned one morning by the national [police] commissioner [General Khehla Sitole] that he received a report [about the crime intelligence division head] from the IGI [Inspector-General of Intelligence].

ALSO READ: Cele fires another shot at Sitole

“But I said I wonder why the report is with you because as far as I understand the report of the IGI is discussed with the minister of police.

“I expected that if there is such a report it would have been discussed with me, which is an issue that has been raised [a number of times] with the joint standing committee on intelligence to say it’s a problem, when the law is very clear that [the report] needs to be discussed between the IGI and the minster before it goes to other structures,” Cele said.

“So I [wrote to the commissioner] to request that if he is going to take an action against the divisional [head], can I be given an opportunity to discuss the matter first with the IGI.

“I don’t think we saw eye-to-eye, instead it seemed like I was blocking [the move and] the matter was taken to court and the court favoured in the national commissioner.

“[The divisional head was then suspended]. I received correspondence from the IGI [after I had said] this report was not discussed, but the answer was that the matter was operational so the IGI had a right to discuss directly with the head of operations of the police,” he continued.

Cele said the correspondence carried on after he was informed that an acting crime intelligence division head was appointed.

“Remember the head [of crime intelligence] and top five officials were removed. I [agreed] that [operational matters] are done by the national commissioner, but the regulations says I must concur with the removal [or appointments] of that level [of police officials].

ALSO READ: Cele to unrest inquiry: I don’t recall seeing top cop Sitole in the ‘right places’

“My problem is that I did not concur with this shifting and this acting [divisional head]. Nobody told me that there was an acting head [of crime intelligence].

“There was some correspondence to say could this be explained how this happened and I was told a story that I did not understand even today that [this new head] was not acting wholly… he was acting on some sections of the law.”

“So instead of dealing with these matters [of me being briefed or receiving intelligence reports], one was dealing with the matter of what would be a little irregular in terms of appointments of the head of [crime] intelligence,” he said.

The minister, however, said he should have received reports from crime intelligence regardless of the internal issues.

“The provision of crime intelligence could have still happened. Those things were not stopping the briefing of crime intelligence. I’m sure some deliberate decision was taken not to brief [me],” Cele added.

The minister further indicated that he only received the intelligence report warning of possible violence on 3 December 2021, which was the day he testified before the SAHRC.

Sitole previously told the commission that not all intelligence reports were sent to Cele.

The police commissioner said at the time that there was an early warning report received on the July riots, but it was not necessary to send the report to the minister.

July riots reports

Last week, President Cyril Ramaphosa authorised the release of the report into the July riots.

In the 154-page report, a panel of experts, chaired by professor Sandy Africa, criticised the government’s response to the riots.

“Many reasons were proffered for this failure, but in the end the response remains that they failed to do the necessary to protect life, limb and property. The executive, however, carries some of the blame too and must take responsibility for its lapse of leadership,” the report reads.

The report found that the police and intelligence services’ response to the unrest was inadequate and insufficient.

“The police failed to stop the rioting and looting in July 2021. The reasons for this failure are complex and sometimes not of their making. In some instances, they did not get any intelligence upon which to plan operations.”

The panel also expressed concern over Cele and Sitole’s relationship.

READ MORE: Cele gives sneak peek into icy relations with top cop Sitole

It said the differences in opinion between the minister and the commissioner about whether the police did enough to prevent the violence indicated there was no agreement on the capacity of police “at the very top”.

“In a nutshell, the minister and the national commissioner are poles apart in their interpretation of how the events of July could have been managed, if at all.

“This is a matter of concern, as it narrows the grounds for consensus within the senior leadership of the police on what needs to be corrected going forward, and of who is to be held accountable for the failure to prevent the loss of life and the destruction of property that occurred,” the report reads.

“The failure of the police must be seen also against the background of the minister of police stating clearly in his submission that the suspension of six crime intelligence officers by the national commissioner weakened that division,” it further states.

Intelligence reports

Cele and former State Security Minister Ayanda Dlodlo were also at odds over whether Saps was provided with intelligence reports about the riots.

According to the July riots report, Dlodlo asked the SSA’s top brass to look into rising tensions following the ConCourt’s ruling on Zuma.

The report also indicated that the SSA on two occasions issued a series of reports warning about the potential unrest.

“Within the Saps chain of command, there appears to have been no direct line of submitting intelligence reports to the minister of police.

READ MORE: ‘Show the public Dlodlo’s intelligence report into SA riots,’ says DA

“The minister said he had not received any intelligence report from either the national commissioner of the Saps or the divisional commissioner: crime intelligence, from at least December 2020.”

The Citizen previously reported that the crime intelligence division had sent out a number of “early warning” reports via email – between 9 July and 12 July – regarding the possibility of violence.

The email was then copied to Sitole, the Hawks and the National Joint Operational Centre (NATJOC), among other police divisions, by a warrant officer who authored the email.