Process to appoint SA’s top cop has not been merit-based, says security expert

As President Cyril Ramaphosa on Thursday issued a notice of suspension against National Police Commissioner, General Khehla Sitole that was delayed for the past two weeks, a leading security expert said SA national police heads were unlikely to finish their terms of office because of political decision-making and less stringent recruitment criteria.

Institute for Security Studies justice and violence prevention programme head Gareth Newham said Sitole’s suspension might not affect planned operations at provincial or local level, but disruptions could be expected at national level.

In line with the provisions of Section 8(3) of the SA Police Service (Saps) Act, Ramaphosa has invited Sitole to make representations on the notice to suspend him.

Ramaphosa wrote to Sitole on 20 September in connection with allegations he had failed to assist the Independent Police Investigative Directorate. The allegations were the subject of a finding by Judge Norman Davis in the High
Court in Pretoria.

The presidency said Ramaphosa informed Sitole that “issues arising from the high court judgment are serious” and these led to a process to institute a board of inquiry into the national commissioner’s alleged misconduct and
fitness to hold the office.

“The president outlined this context in his letter to General Sitole and gave the commissioner 14 days to respond.”

The commissioner has since submitted representations.

“Further engagement on this matter will be between the president and the national commissioner,” said the presidency.

Said Newham: “There won’t really be implications for the Saps at provincial or at local level. Depending on who is appointed acting national commissioner, most of the disruptions might take place at national level – unlikely
to affect the whole Saps staff of 180 000 people.”

On why most national police commissioners could not finish their term of office, Newham blamed political decision-making.

“Too often, people in these positions are appointed for political reasons than being the best man or woman for the job.

“The National Development Plan recommends that an independent panel be established to create a criteria for the post.

“Right now, the criteria only constitutes three areas that the president has to consider in appointing a national police commissioner: the candidate should be a citizen, be over the age of 18 and not have a criminal record.

“So far, no competent people have been appointed, hence in the past people appointed to these positions have been disasters.

“The process has not been merit-based, transparent and competitive, with the recruiting process recommended by the National Development Plan not followed.

“The appointment of a national police commissioner should be the same as that of the national director for public prosecutions – whereby people are nominated and you accept those nominations, based on background, integrity and history, before choosing, “Because this has not happened, we have had poor people appointed to the post of national commissioner,” said Newham.

The national commissioner, he said, should be appraised based on ability to ensure good policing.

“We should be able to see the detection for murder going up, gathering of good evidence to ensure those who commit murders, armed robberies and organised crime, are being arrested,” he added.

Advocacy group Action Society blamed the ANC for “completely destroying the reputation of the Saps” adding: “A suspension like this during increasing levels of social unrest, is reckless to say the least.”

The fall from grace

• 1995-2000: General JG Fivaz. Fivaz was the last national commissioner to serve a full term.

• 2000-2009: General J Selebi. Selebi was found guilty of corruption on 2 July, 2010 and sentenced to 15 years’ imprisonment on 3 August, 2010. He was released on medical parole in July 2012 and died in 2015.

• 2009-2011: General B Cele. Cele was suspended in 2011 for spending R1.7 billion on building leases which was found to be unlawful, improper and constituted maladministration. He was dismissed by then president Jacob Zuma in June 2013. Cele was appointed as police minister in February 2018 and reappointed by President Cyril Ramaphosa in May 2019.

• 2012-2015: General R Phiyega. Zuma suspended Phiyega on October 14, 2015, after the Marikana Commission of Inquiry appointed to investigate the deaths of 34 miners at Marikana questioned her fitness to hold office.

• 2015-2020 General K Phahlane. Phahlane was dismissed from the police after being found guilty of dishonest conduct in July 2020.