DA: Why must taxpayers foot Cele’s bill?

It would be wrong for the taxpayer to pick up the bill for legal fees in the defamation case brought by suspended national police commissioner Bheki Cele, the DA said on Sunday.

DA MP Debbie Schafer, the party’s justice spokeswoman, said Cele was suing the Sowetan newspaper on his own and not the government’s behalf.

The legal action dates back to 2007, when the newspaper published a graphic that depicted Cele bearing a rifle with the words “Police must aim for the head”.

Cele feels the image brought his reputation into disrepute, while the newspaper has defended it as a satirical comment on Cele’s hardline stance against criminals.

Although he was MEC for transport, community safety and liaison at the time, Cele was suing in his personal capacity, Schafer said on Sunday.

The provincial government had tried to justify paying Cele’s legal fees – the amount of which is not yet known – by claiming it was implicated in the case, she said.

“But Mr Cele’s legal papers reveal that he is not cited in his capacity as MEC. Therefore the provincial government is not implicated as it suggests.

“In his claim for damages, Mr Cele refers to injury to ‘his privacy and personal integrity’, ‘his good name and reputation’ and the ‘personality image of the plaintiff’. Nowhere is mention made of injury to the office of the MEC or provincial government,” Schafer said.

Cele had used his home address and described himself as a “political figure”, which included being a high-ranking ANC member and only secondly an MEC.

“Even if it could be argued that the office of the MEC is implicated, the same could be argued of the ANC. Why, then, are they not paying for his costs?” Schafer asked.

She said that DA members of the KZN provincial legislature would this week call for the provincial MEC for community safety and liaison, Willies Mchunu, to explain why state funds were going to be used to foot Cele’s legal bill when there was “no legal basis for this decision”.

Meanwhile, members of the public have been invited to submit information relating to the board of enquiry that will look into allegations of misconduct by Cele in his capacity as Commissioner of Police.

Cele was suspended – on full pay – by President Jacob Zuma in October last year after Public Protector Thuli Madonsela found his actions regarding two SAPS building leases were unlawful and amounted to maladministration.

The enquiry is to establish whether or not Cele:

* Acted corruptly, dishonestly or with an undeclared conflict of interest in relation to the leases.

* Breached provisions of the Public Finance Management Act and other regulations;

* Failed to prevent any manipulation of the police’s supply chain management or procurement processes;

* Failed to prevent irregular expenditure incurred in relation to the leases;

* Failed to prevent any financial losses or wasted expenditure to be incurred by the state, and his overall conduct.

“Any person or organisation possessing such information relating to these issues is invited to disclose it,” Gambu said. The board is scheduled to have its first public hearing on March 5.