Minister of Police Bheki Cele has advised suspended Joburg acting city manager Floyd Brink to open criminal charges against the city’s mayor, Mpho Phalatse.
In a letter sent to Brink on Thursday last week, Cele stated that a criminal case should be opened against Phalatse in connection with the alleged subversion of evidence that implicated the former head of the City of Johannesburg’s internal anti-corruption unit, Shadrack Sibiya.
Sibiya is accused of unlawful usurping of counter-intelligence functions of the State Security Agency (SSA), and misappropriation of R8-million for use on unvetted
counter-intelligence equipment.
Cele said in the letter: “Receipt of your report received by hand on 4 July 2022 is herewith acknowledged. Having noted the contents of the report, you are advised to open a criminal case in order for the South African Police Service to investigate the matter.”
Cele also pointed out that he had referred the report to police commissioner Fanie Masemola.
When approached for comment, Phalatse’s spokesperson, Mabine Seabe, said the allegations are “scurrilous and devoid of truth. The private office of the executive mayor has been in constant contact with the State Security Agency to get them to either confirm the allegations or otherwise indicate that the equipment being used was being done so lawfully.
“To date, we are waiting their report despite providing information requested by them, twice, and despite several reminders to the agency that we are awaiting their report.”
He also added that the newly appointed acting city manager who replaced Brink, Byrne Maduka, has assigned independent investigators to test the veracity of the allegations.
“This is in parallel to the long-awaited SSA investigation report. It is incumbent upon the complainant to lay charges and provide the SAPS with the allegations being made.”
City of Joburg spokesperson Nthatisi Modingoane refused to comment and referred Sunday World to Brink to answer for himself. Attempts to get hold of Brink drew a blank.
In May, Sibiya took voluntary leave pending investigations into his conduct regarding allegations of the unlawful seizure of counter-intelligence equipment of SSA, however, in a dramatic turn, he resigned from his job as the head of the anti-corruption unit last month.
In April, Brink was placed on special leave.
The suspension followed allegations of misconduct and flouting of procurement processes relating to the department of public safety’s procurement of security equipment.
Speculation was rife that tensions increased between Phalatse and Brink when the latter tried to suspend the investigative powers of the city’s anti-corruption unit.
Sibiya said, “There is no spying equipment and there was no misappropriation of funds. Floyd is obsessed with me, and he can’t move on.
“He must leave me alone as I don’t have time to entertain his stupidity.”
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