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Question of the Day: What is the ultimate French toast topping?
Hawks question IPID process In SARS 'hostage' situation
- Thread starter Milano
- Start date
Jola
Honorary Master
Poodles ?
More like rabid rotweillers !
More like rabid rotweillers !
LazyLion
King of de Jungle
More like diseased pigeons...
Vrotappel
Bulls fan
Efficiency seems to be a concept that is absolutely foreign to them. In their world you charge then ask questions. Due process is to much of a colonised western thing.
supersunbird
Honorary Master
So this Innocent Khuba also had a body guard from a 3 party at investigations?
SARS Wars: Vlok Symington, whose memorandum forced Abrahams to drop Gordhan charges,
SARS Wars: Vlok Symington, whose memorandum forced Abrahams to drop Gordhan charges, now under renewed pressure by the Hawks
http://www.dailymaverick.co.za/arti...r-renewed-pressure-by-the-hawks/#.WEUS8_l9600
Vlok Symington, SARS deputy director of law and the man who signed off on the 2009 exculpatory memorandum that led to the NPA’s withdrawal of fraud charges against Finance Minister Pravin Gordhan, is again being placed under pressure by the Hawks. Symington was summoned to meet with KZN Hawks head, Major-General Jabulani Zikhali, in Commissioner Tom Moyane’s boardroom last week and asked to resubmit a sworn statement made to IPID with regard to charges of kidnapping and assault, but this time as a mere report, weakening the case against four Hawks officers implicated in the drama. Meanwhile, SARS attempted to appoint a law firm linked to more than 400 entities in the leaked Panama Papers and who were being investigated by Symington, to conduct an internal grievance process. Just when you thought things couldn’t get any weirder. By MARIANNE THAMM.
SARS officials caught in the cross-fire of the desperate political war between Commissioner Tom Moyane and Minister of Finance Pravin Gordhan will be questioned on Monday at SARS headquarters during an internal grievance process aimed at investigating a “hostage drama” that took place in a boardroom of the same complex on October 18.
There are currently three processes under way in the aftermath of the drama: an internal SARS grievance process lodged by Symington against Commissioner Moyane’s bodyguard, Thabo Titi and other SARS officials who had allegedly held him against his will; an IPID investigation into four Hawks officials including Brigadier Nyameka Xaba, head of the Hawks’ Crimes Against the State (CATS) unit, on charges of kidnapping; as well as the Hawks’ own investigation into their members.
In normal circumstances the Hawks would rely on the IPID investigation and it appears as if the Priority Crimes Litigation Unit is attempting to interfere with this process. With the independent-minded and formerly suspended Robert McBride back in the saddle as the IPID’s executive director the Hawks appear to be scrambling to weaken the case against their own members.
In his sworn statement, Symington told IPID that one of the Hawks members who was involved in the hostage drama had confessed to him that the Hawks investigative team working on the Gordhan charges had been in possession of the exculpatory memorandum from the outset but had withheld it from the NPA.
Daily Maverick has reliably learnt that last week Symington was summoned to Commissioner Moyane’s boardroom at SARS to meet with (strangely enough, as the matter occurred in Pretoria) KZN Hawks head, Major-General Jabulani Zikhali. He is believed to have requested Symington to resubmit his sworn statement about the Hawks member’s confession merely as a report. This would legally weaken its significance.
Symington reportedly refused to do so.
Symington became an accidental hero when he refused to hand over to Brigadier Xaba on October 18 a printed e-mail from attorney David Maphakela, of SARS’ legal firm Mashiane, Moodley and Monama, stating that he [Maphakela] could not be involved “for ethical reasons” in a request by Xaba for Symington to provide an affidavit about the circumstances under which he wrote the 2009 memo with regard to former Deputy Commissioner Ivan Pillay’s early retirement.
The Hawks and the NPA were at the time counting on charging Gordhan, Pillay and former Commissioner Oupa Magashula with theft and fraud related to Pillay’s retirement. This after the Hawks were initially unable to nail Gordhan during their “investigation” into the so-called SARS rogue unit after the Finance Minister had replied comprehensively to a list of “27 questions” sent to him by Hawks head, Lieutenant-General Mthandazo Ntlemeza in February this year.
When that attempt failed, the Hawks shifted the target and dredged up the alleged early retirement “fraud”.
In the end it was the Symington Memorandum, as it became known, that led to NPA head Shaun Abrahams withdrawing the charges against Gordhan, Pillay and Magashula on October 31.
An extraordinary exchange of acrimonious letters between Ntlemeza and Abrahams was made public when the Helen Suzman Foundation (HSF) and Freedom Under Law (FUL) later filed on November 9 an application ordering President Jacob Zuma to suspend Abrahams, Dr Torie Pretorius, head of the Priority Crimes Litigation Unit, and Adv Sibongile Mzinyathi, DPP head for North Gauteng, pending an inquiry into their fitness to hold office. This after Abrahams was forced to withdraw charges because of the Symington memorandum.
The letters in Abrahams’ responding affidavit in that matter reveal that Ntlemeza was heavily invested in charging Gordhan and in fact attempted to pressure Abrahams into doing so.
The NPA only became aware of the existence of the memorandum when the HSF and FUL filed an application to the Pretoria High Court on Sunday, October 16 asking the court to set aside and declare unlawful the charges brought against Gordhan, Pillay and Magashula. Before filing the application, HSF and FUL sent their founding affidavits to Abrahams.
It was then that the NPA discovered that the Hawks had withheld the Symington memorandum.
Then all hell broke loose.
On Monday October 17, Pretorius, the man tasked with investigating Gordhan and who had recommended to Abrahams that the Finance Minister and his colleagues be charged, sent a letter to Xaba, listing questions that needed to be answered, most urgently, those relating to the 2009 memorandum.
Xaba, in turn (and unusually) wrote to SARS legal firm, Mashiane, Moodley and Monama, and attorney David Maphakela explaining that the Hawks needed Symington to urgently provide an affidavit with regard to the circumstances under which he wrote the 2009 memo with regard to Ivan Pillay’s early retirement.
Maphakela replied, not to Xaba but to Commissioner Moyane, explaining that “on ethical reasons I cannot be involved in this one. I hold a different view to the one pursued by the NPA and the Hawks.” [In relation to the prosecution of Gordhan, Pillay and Magashula].
The following day Symington was instructed by his superior, Kosie Louw, then deputy head of SARS, to urgently reply to the NPA’s questions at the request of Commissioner Moyane. Xaba and three other Hawks members, accompanied by Moyane’s bodyguard, Titi, met Symington in the boardroom and left him with a bunch of documents to which they had accidentally attached Maphakela’s opinion.
Louw, Chief Officer of Legal and Policy, one of the longest serving officials of the SARS executive committee, has subsequently resigned.
Xaba, Titi and other Hawks members later returned to the boardroom – ostensibly after discussing the matter with Moyane and discovering that Maphakela’s e-mail was now in Symington’s hands. Xaba, Titi and Hawks officials desperately attempted to retrieve it. Symington, now alert to the matter, refused to hand over the e-mail after which he was locked in the boardroom by Titi – an event that he [Symington] managed to film with his cellphone. He also called 10111 in an attempt to get help.
It is this fracas that will be investigated on Monday morning when Symington, Louw and other SARS officials are questioned in the internal grievance process. Daily Maverick has learnt that SARS originally approached the legal firm ENS to act as impartial and objective external investigator.
When ENS reported a potential conflict of interest with regard to other work it performed for the revenue service, SARS appointed the Bloemfontein based legal firm Phatshoane Henney Attorneys which has been linked to 436 entities named in the “Panama Papers” leaked by the International Consortium of Investigative Journalists in May this year and which revealed how clients of Mossack Fonseca, a Panamanian law firm and corporate service provider, hid billions of dollars in tax havens. Phatshoane Henney had a relationship with Mossack Fonseca.
Continued.. http://www.dailymaverick.co.za/arti...r-renewed-pressure-by-the-hawks/#.WEUS8_l9600
SARS Wars: Vlok Symington, whose memorandum forced Abrahams to drop Gordhan charges, now under renewed pressure by the Hawks
http://www.dailymaverick.co.za/arti...r-renewed-pressure-by-the-hawks/#.WEUS8_l9600
Vlok Symington, SARS deputy director of law and the man who signed off on the 2009 exculpatory memorandum that led to the NPA’s withdrawal of fraud charges against Finance Minister Pravin Gordhan, is again being placed under pressure by the Hawks. Symington was summoned to meet with KZN Hawks head, Major-General Jabulani Zikhali, in Commissioner Tom Moyane’s boardroom last week and asked to resubmit a sworn statement made to IPID with regard to charges of kidnapping and assault, but this time as a mere report, weakening the case against four Hawks officers implicated in the drama. Meanwhile, SARS attempted to appoint a law firm linked to more than 400 entities in the leaked Panama Papers and who were being investigated by Symington, to conduct an internal grievance process. Just when you thought things couldn’t get any weirder. By MARIANNE THAMM.
SARS officials caught in the cross-fire of the desperate political war between Commissioner Tom Moyane and Minister of Finance Pravin Gordhan will be questioned on Monday at SARS headquarters during an internal grievance process aimed at investigating a “hostage drama” that took place in a boardroom of the same complex on October 18.
There are currently three processes under way in the aftermath of the drama: an internal SARS grievance process lodged by Symington against Commissioner Moyane’s bodyguard, Thabo Titi and other SARS officials who had allegedly held him against his will; an IPID investigation into four Hawks officials including Brigadier Nyameka Xaba, head of the Hawks’ Crimes Against the State (CATS) unit, on charges of kidnapping; as well as the Hawks’ own investigation into their members.
In normal circumstances the Hawks would rely on the IPID investigation and it appears as if the Priority Crimes Litigation Unit is attempting to interfere with this process. With the independent-minded and formerly suspended Robert McBride back in the saddle as the IPID’s executive director the Hawks appear to be scrambling to weaken the case against their own members.
In his sworn statement, Symington told IPID that one of the Hawks members who was involved in the hostage drama had confessed to him that the Hawks investigative team working on the Gordhan charges had been in possession of the exculpatory memorandum from the outset but had withheld it from the NPA.
Daily Maverick has reliably learnt that last week Symington was summoned to Commissioner Moyane’s boardroom at SARS to meet with (strangely enough, as the matter occurred in Pretoria) KZN Hawks head, Major-General Jabulani Zikhali. He is believed to have requested Symington to resubmit his sworn statement about the Hawks member’s confession merely as a report. This would legally weaken its significance.
Symington reportedly refused to do so.
Symington became an accidental hero when he refused to hand over to Brigadier Xaba on October 18 a printed e-mail from attorney David Maphakela, of SARS’ legal firm Mashiane, Moodley and Monama, stating that he [Maphakela] could not be involved “for ethical reasons” in a request by Xaba for Symington to provide an affidavit about the circumstances under which he wrote the 2009 memo with regard to former Deputy Commissioner Ivan Pillay’s early retirement.
The Hawks and the NPA were at the time counting on charging Gordhan, Pillay and former Commissioner Oupa Magashula with theft and fraud related to Pillay’s retirement. This after the Hawks were initially unable to nail Gordhan during their “investigation” into the so-called SARS rogue unit after the Finance Minister had replied comprehensively to a list of “27 questions” sent to him by Hawks head, Lieutenant-General Mthandazo Ntlemeza in February this year.
When that attempt failed, the Hawks shifted the target and dredged up the alleged early retirement “fraud”.
In the end it was the Symington Memorandum, as it became known, that led to NPA head Shaun Abrahams withdrawing the charges against Gordhan, Pillay and Magashula on October 31.
An extraordinary exchange of acrimonious letters between Ntlemeza and Abrahams was made public when the Helen Suzman Foundation (HSF) and Freedom Under Law (FUL) later filed on November 9 an application ordering President Jacob Zuma to suspend Abrahams, Dr Torie Pretorius, head of the Priority Crimes Litigation Unit, and Adv Sibongile Mzinyathi, DPP head for North Gauteng, pending an inquiry into their fitness to hold office. This after Abrahams was forced to withdraw charges because of the Symington memorandum.
The letters in Abrahams’ responding affidavit in that matter reveal that Ntlemeza was heavily invested in charging Gordhan and in fact attempted to pressure Abrahams into doing so.
The NPA only became aware of the existence of the memorandum when the HSF and FUL filed an application to the Pretoria High Court on Sunday, October 16 asking the court to set aside and declare unlawful the charges brought against Gordhan, Pillay and Magashula. Before filing the application, HSF and FUL sent their founding affidavits to Abrahams.
It was then that the NPA discovered that the Hawks had withheld the Symington memorandum.
Then all hell broke loose.
On Monday October 17, Pretorius, the man tasked with investigating Gordhan and who had recommended to Abrahams that the Finance Minister and his colleagues be charged, sent a letter to Xaba, listing questions that needed to be answered, most urgently, those relating to the 2009 memorandum.
Xaba, in turn (and unusually) wrote to SARS legal firm, Mashiane, Moodley and Monama, and attorney David Maphakela explaining that the Hawks needed Symington to urgently provide an affidavit with regard to the circumstances under which he wrote the 2009 memo with regard to Ivan Pillay’s early retirement.
Maphakela replied, not to Xaba but to Commissioner Moyane, explaining that “on ethical reasons I cannot be involved in this one. I hold a different view to the one pursued by the NPA and the Hawks.” [In relation to the prosecution of Gordhan, Pillay and Magashula].
The following day Symington was instructed by his superior, Kosie Louw, then deputy head of SARS, to urgently reply to the NPA’s questions at the request of Commissioner Moyane. Xaba and three other Hawks members, accompanied by Moyane’s bodyguard, Titi, met Symington in the boardroom and left him with a bunch of documents to which they had accidentally attached Maphakela’s opinion.
Louw, Chief Officer of Legal and Policy, one of the longest serving officials of the SARS executive committee, has subsequently resigned.
Xaba, Titi and other Hawks members later returned to the boardroom – ostensibly after discussing the matter with Moyane and discovering that Maphakela’s e-mail was now in Symington’s hands. Xaba, Titi and Hawks officials desperately attempted to retrieve it. Symington, now alert to the matter, refused to hand over the e-mail after which he was locked in the boardroom by Titi – an event that he [Symington] managed to film with his cellphone. He also called 10111 in an attempt to get help.
It is this fracas that will be investigated on Monday morning when Symington, Louw and other SARS officials are questioned in the internal grievance process. Daily Maverick has learnt that SARS originally approached the legal firm ENS to act as impartial and objective external investigator.
When ENS reported a potential conflict of interest with regard to other work it performed for the revenue service, SARS appointed the Bloemfontein based legal firm Phatshoane Henney Attorneys which has been linked to 436 entities named in the “Panama Papers” leaked by the International Consortium of Investigative Journalists in May this year and which revealed how clients of Mossack Fonseca, a Panamanian law firm and corporate service provider, hid billions of dollars in tax havens. Phatshoane Henney had a relationship with Mossack Fonseca.
Continued.. http://www.dailymaverick.co.za/arti...r-renewed-pressure-by-the-hawks/#.WEUS8_l9600
reactor_sa
Executive Member
^ Yoh.
Ipid battles SAPS, Hawks
Ipid battles SAPS, Hawks
Abram Mashego | City Press
06:01 08/01/2017
http://m.news24.com/news24/SouthAfrica/News/ipid-battles-saps-hawks-20170108-2
Polokwane - Tensions have ratcheted up even further between the Independent Police Investigative Directorate (Ipid), the SA Police Service (SAPS) and the Hawks after the seizure of three computers used by senior Limpopo police officers. The computers were confiscated during an investigation into an alleged provincial police-jobs-for-pals scandal.
The ongoing fight between the law enforcement agencies – which has seen claims of high treason, conspiracies, plots and counterclaims – moved to the Polokwane High Court a few days ago where Limpopo provincial commissioner, Major General Nneke Jimmy Ledwaba, applied for the return of the three computers that Ipid seized in December.
In their search-and-seizure warrant, Ipid applied to confiscate the computers of provincial human resources head Major General Hlaudi Morakaladi, who is a close associate of Hawks head Major General Mthandazo Ntlemeza, as well as two other senior police human resource officials.
The investigation followed two criminal complaints laid by police officers in the province’s Westenberg region, who alleged that job candidates’ interview scores were altered to benefit those close to senior police officers in November last year.
Senior official
According to Ipid’s founding affidavit, the case centres on the post of head of labour relations, a job with the rank of full colonel.
The post was advertised, several candidates were interviewed and a high-scoring candidate was recommended.
In his responding papers, Ledwaba said Ipid should return the computers because they are used in the police’s day-to-day operations. According to Ledwaba, Ipid’s warrant was unlawful as it was nonspecific.
The case was finalised after an out-of-court settlement and Ipid agreed to hand back the computers after they had finished downloading and copying the information on their hard drives.
However, three senior Ipid officials told City Press that the body was investigating whether a senior official changed the candidate’s scores on the computer and allocated the post to another candidate.
City Press has learnt that the alleged jobs-for-pals scandal came to light after one of the interview panel members refused to sign off on the altered scores and blew the whistle.
The panel member, whose name is known to City Press, allegedly told investigators that he was pressurised into signing off on the new appointment that was given to the second-highest-scoring candidate, who was allegedly favoured by the chairperson.
Ipid is also investigating corruption and further allegations that police jobs and promotions in the province were sold for amounts ranging from R10 000 to R40 000, depending on the seniority of the rank applied for.
“Some employed their family members and used the police as an employment agency,” said one Ipid investigator.
Shortly before the high court could hear the urgent court application, the SAPS and Ipid reached an out-of-court settlement.
Crimes against the state
In terms of the settlement, the police watchdog may download information from the computers and use IT experts to analyse a number of appointments that they believe could be irregular.
The investigation is now exacerbating the bitter relations between Ipid, the SAPS and the Hawks that have led to senior officers opening cases against one another.
Ipid head Robert McBride and his team are currently investigating charges of corruption and defeating the ends of justice against acting police commissioner Khomotso Phahlane, who is alleged to have bought a multimillion-rand house.
A large proportion of the purchase price was allegedly paid in cash.
Phahlane denies this and is yet to make a warning statement to Ipid, while the National Prosecuting Authority (NPA) is mulling over whether or not he should be prosecuted.
The docket is now with the director of public prosecutions for north Gauteng, Sibongile Mzinyathi.
Ipid is also investigating Ntlemeza for defeating the ends of justice in relation to threatening SMSes allegedly sent to Ipid investigators.
The directorate is also investigating senior Hawks members on charges of kidnapping, assault and intimidation in a case opened by SA Revenue Service (Sars) deputy director Vlok Symington.
City Press has also learnt that the NPA has decided to prosecute the Hawks officers involved in Symington’s case, including Ntlemeza’s right-hand man and head of the Hawks’ unit for crimes against the state, Brigadier Nyameka Xaba, who also investigated Finance Minister Pravin Gordhan.
Warning statement
The NPA has also ordered that Ipid obtain statements from Symington and Sars commissioner Tom Moyane.
The Hawks, in turn, have also upped their fight against McBride. Two weeks ago they summoned him to make a warning statement relating to a case of defeating the ends of justice dating back to when he was the head of the Ekurhuleni Metro Police.
The police referred City Press’ enquiries to Ipid, which did not respond to requests for comment.
Ipid battles SAPS, Hawks
Abram Mashego | City Press
06:01 08/01/2017
http://m.news24.com/news24/SouthAfrica/News/ipid-battles-saps-hawks-20170108-2
Polokwane - Tensions have ratcheted up even further between the Independent Police Investigative Directorate (Ipid), the SA Police Service (SAPS) and the Hawks after the seizure of three computers used by senior Limpopo police officers. The computers were confiscated during an investigation into an alleged provincial police-jobs-for-pals scandal.
The ongoing fight between the law enforcement agencies – which has seen claims of high treason, conspiracies, plots and counterclaims – moved to the Polokwane High Court a few days ago where Limpopo provincial commissioner, Major General Nneke Jimmy Ledwaba, applied for the return of the three computers that Ipid seized in December.
In their search-and-seizure warrant, Ipid applied to confiscate the computers of provincial human resources head Major General Hlaudi Morakaladi, who is a close associate of Hawks head Major General Mthandazo Ntlemeza, as well as two other senior police human resource officials.
The investigation followed two criminal complaints laid by police officers in the province’s Westenberg region, who alleged that job candidates’ interview scores were altered to benefit those close to senior police officers in November last year.
Senior official
According to Ipid’s founding affidavit, the case centres on the post of head of labour relations, a job with the rank of full colonel.
The post was advertised, several candidates were interviewed and a high-scoring candidate was recommended.
In his responding papers, Ledwaba said Ipid should return the computers because they are used in the police’s day-to-day operations. According to Ledwaba, Ipid’s warrant was unlawful as it was nonspecific.
The case was finalised after an out-of-court settlement and Ipid agreed to hand back the computers after they had finished downloading and copying the information on their hard drives.
However, three senior Ipid officials told City Press that the body was investigating whether a senior official changed the candidate’s scores on the computer and allocated the post to another candidate.
City Press has learnt that the alleged jobs-for-pals scandal came to light after one of the interview panel members refused to sign off on the altered scores and blew the whistle.
The panel member, whose name is known to City Press, allegedly told investigators that he was pressurised into signing off on the new appointment that was given to the second-highest-scoring candidate, who was allegedly favoured by the chairperson.
Ipid is also investigating corruption and further allegations that police jobs and promotions in the province were sold for amounts ranging from R10 000 to R40 000, depending on the seniority of the rank applied for.
“Some employed their family members and used the police as an employment agency,” said one Ipid investigator.
Shortly before the high court could hear the urgent court application, the SAPS and Ipid reached an out-of-court settlement.
Crimes against the state
In terms of the settlement, the police watchdog may download information from the computers and use IT experts to analyse a number of appointments that they believe could be irregular.
The investigation is now exacerbating the bitter relations between Ipid, the SAPS and the Hawks that have led to senior officers opening cases against one another.
Ipid head Robert McBride and his team are currently investigating charges of corruption and defeating the ends of justice against acting police commissioner Khomotso Phahlane, who is alleged to have bought a multimillion-rand house.
A large proportion of the purchase price was allegedly paid in cash.
Phahlane denies this and is yet to make a warning statement to Ipid, while the National Prosecuting Authority (NPA) is mulling over whether or not he should be prosecuted.
The docket is now with the director of public prosecutions for north Gauteng, Sibongile Mzinyathi.
Ipid is also investigating Ntlemeza for defeating the ends of justice in relation to threatening SMSes allegedly sent to Ipid investigators.
The directorate is also investigating senior Hawks members on charges of kidnapping, assault and intimidation in a case opened by SA Revenue Service (Sars) deputy director Vlok Symington.
City Press has also learnt that the NPA has decided to prosecute the Hawks officers involved in Symington’s case, including Ntlemeza’s right-hand man and head of the Hawks’ unit for crimes against the state, Brigadier Nyameka Xaba, who also investigated Finance Minister Pravin Gordhan.
Warning statement
The NPA has also ordered that Ipid obtain statements from Symington and Sars commissioner Tom Moyane.
The Hawks, in turn, have also upped their fight against McBride. Two weeks ago they summoned him to make a warning statement relating to a case of defeating the ends of justice dating back to when he was the head of the Ekurhuleni Metro Police.
The police referred City Press’ enquiries to Ipid, which did not respond to requests for comment.
HavocXphere
Honorary Master
WTF is a "warning statement"? Seriously is that just a phrase SA hawks made up? It doesn't even make sense...are you giving yourself a warning in your statement?