‘No crime too minor,’ ex-head of controversial police unit tells Zondo inquiry

Hawks Brigadier Nyameko Xaba, who headed questionable investigations by Crimes Against the State (Cats) during the Jacob Zuma presidency, on Wednesday told the Commission of Inquiry into State Capture that the unit regarded no case as trivial.

Xaba was asked by commission evidence leader Garth Hulley to respond to evidence given by KwaZulu-Natal former Hawks general Johan Booysen and former Independent Police Investigative Directorate (Ipid) head Robert McBride questioning motives behind Cats’ investigations.

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According to Booysen, Xaba was “used by [former Hawks boss] Berning Ntlemeza to investigate the complaint from sacked SA Revenue Service [Sars] commissioner Tom Moyane regarding the Sars rogue unit saga”.

“Under Xaba’s command, Mr Vlok Symington from Sars was unlawfully held captive in his office where he was assaulted. Not surprisingly, the NPA [National Prosecuting Authority] under Shaun Abrahams declined to prosecute Xaba,” Booysen said.

At the time, Xaba also investigated McBride and his team. In his testimony, McBride described Cats as “a unit used to pursue a political agenda and to target individuals in the criminal justice cluster who stood up against state capture”.

The same unit, he said, investigated “other fabricated cases against minister Pravin Gordhan and the so-called rogue unit at Sars”.

Asked by Hulley to explain the mandate of Cats, Xaba said it was tasked with investigating “any criminal conduct impacting on the security of SA”.

“Cats mandate is about investigating any case, irrespective of triviality – even if it is minor, as long as it is a crime.”

Said Hulley: “Booysen found it unusual that someone looking at crimes against the state would look at Sars matters.”

Replied Xaba: “The case at Sars was investigated by Cats after it was opened by the Sars former commissioner.”

On McBride, Xaba said: “Ipid investigated a case of rendition in Zimbabwe. It was referred to us because it involved defeating the ends of justice.”

brians@citizen.co.za