Firoz Cachalia forces Cabinet’s hand with surprise Nhlanhla Mkhwanazi Hawks appointment

Acting Police Minister Firoz Cachalia was forced to overplay his hand and go public with his choice of Lieutenant-General Nhlanhla Mkhwanazi as Hawks boss before the Cabinet could rubber-stamp the appointment.

Cachalia says the approaching municipal elections disrupted the Cabinet’s schedule, leaving him with no indication of when ministers would consider his recommendation.

Rather than wait, he announced his decision, placing President Cyril Ramaphosa and the Cabinet in the position of having to either endorse or reject the person whose appointment he had made public.

“As the appointing authority in terms of Section 17CA (1)-(3), I have made a decision,” Cachalia told Sunday World. “I had to communicate that a decision to fill this critical role had been made so that the nation is aware that we are prioritising the filling of critical positions within the portfolio.”

Departure from protocol

The announcement raises questions about why Cachalia broke with the approach the government followed in previous Hawks appointments, when ministers announced their choices after the Cabinet’s approval.

Section 17CA of the SAPS Act gives the police minister appointment powers but requires the Cabinet’s concurrence before the appointment can take effect. Cachalia rejected suggestions that the announcement sought to generate political goodwill for the government before Wednesday’s municipal elections.

“No regard was given at all to the electoral cycle,” he said.

“It is a process that we have been seized with for quite some time and, given the importance of the position, we simply had to fill it and saw no need to delay.”

He said the ministry had twice advertised the Hawks position without finding a suitable candidate, prompting him to pursue another solution.

“The post was advertised twice and, in both instances, there was no suitable candidate,” Cachalia said.

He has not explained whether Mkhwanazi participated in either recruitment process or whether the minister approached him after both attempts failed.

A police source said Cachalia would not have submitted Mkhwanazi’s name to the Cabinet without first securing the general’s agreement.

Unwanted position

The source’s account suggests Mkhwanazi might have reconsidered his position about the Hawks job, which he publicly rejected during parliamentary testimony last year.

Mkhwanazi told Parliament’s portfolio committee on police in March last year that he had no intention of applying to lead the Directorate for Priority Crime Investigation.

“I will never submit my application for the post of DPCI,” Mkhwanazi told MPs.

He said operational policing interested him more than investigative work and he intended to complete his contract be-fore retiring.

National Police Commissioner Fannie Masemola reinforced that position during parliamentary testimony in October last year, arguing that Mkhwanazi would lose income by accepting the Hawks position.

“Practically, he can’t be applying for a post where his salary will take a dip,” Masemola said.

The SAPS subsequently renewed Mkhwanazi’s provincial commissionership for five years in March this year, securing his position well beyond the approaching national leadership transition.

The Hawks appointment offers a statutory term of seven to 10 years, potentially extending Mkhwanazi’s tenure beyond his current provincial contract.

“All details will be shared once Cabinet concurs,” Cachalia told Sunday World.

Possible new appointments

Senior police sources say Mkhwanazi’s proposed move could open the way for Crime Intelligence boss Dumisani Khumalo to succeed Masemola.

Masemola’s term expires in March, leaving Ramaphosa facing another consequential appointment after the municipal elections and the proposed Hawks leadership change.

Khumalo and Mkhwanazi have worked together on investigations involving organised crime and allegations of criminal infiltration in the police service.

Their potential elevation into separate national leadership positions would alter the command structure before Masemola’s departure, although no official has confirmed any succession arrangement.

The National Prosecuting Authority withdrew criminal charges against Khumalo and several other Crime Intelligence officials in August, removing an immediate legal complication surrounding his position.

Judicial review warning

Forensic investigator Paul O’Sullivan has threatened an urgent judicial review if the Cabinet approves Mkhwanazi, citing allegations he previously submitted to Parliament and the Madlanga Commission.

O’Sullivan says the allegations raise questions about whether Mkhwanazi meets the statutory requirement that the Hawks national head must be a fit and proper person.

“Any attempt to appoint Lt General Mkhwanazi will be met with an urgent judicial review to prevent such an appointment,” O’Sullivan warned Cachalia.

He also demanded that government reconsider its selection process and allow greater public scrutiny before appointing the next head of the elite investigative directorate.

Cachalia rejected concerns about the legality of his decision, maintaining that his ministry had complied with the statutory requirements governing the appointment process.

“We are satisfied that all the necessary processes were followed,” he said.

Setumo Stone