Cape Town - Police Minister Nathi Mthethwa will on Friday file court papers to oppose the O’Regan Commission of Inquiry on alleged police failures, but the ministry was mum about subpoenas issued against its top provincial management.
Mthethwa said he had decided to go to court after several failed attempts to convince Premier Helen Zille not to establish the commission.
He had also raised questions about the omission of the metro police from the probe despite calls from civil society for the city-run unit to be investigated.
But Zille’s spokesman, Zak Mbhele, said complaints against the metro police were being investigated separately by Community Safety MEC Dan Plato. He said their inclusion in the commission’s investigation would have been unlawful as they responded to requests for comment.
The commission, headed by retired Constitutional Court Judge Kate O’Regan and former National Prosecuting Authority head Vusi Pikoli, is investigating allegations of police inefficiencies, but not those of municipal police.
On Thursday, Mthethwa’s spokesman, Zweli Mnisi, said they would file papers at the Western Cape High Court.
A legal team was still finalising the case, he said.
“They are pushing to have the papers ready today. I’m told that the papers could be filed most likely Friday,” Mnisi said.
Despite this threat of legal action, the commission will go ahead with its evidence hearing at the OR Tambo Hall in less than two weeks.
On Wednesday, provincial police commissioner Arno Lamoer and station commanders in Khayelitsha, Harare and Lingelethu West were subpoenaed by the commission. They would be required to testify and submit documents, as well as information relating to the investigations of vigilante killings on November 12.
It will also hear evidence from residents and other affected parties before submitting its recommendations to Zille on February 24. A subpoena was also issued for the provincial acting head of the Independent Police Investigative Directorate last Friday.
Lamoer would not comment on the subpoenas and referred queries to Mnisi.
Asked whether Lamoer would appear before the commission, Mnisi said: “I can’t comment on their behalf. The ministry is only filing court papers. If there is a court in Khayelitsha that says they must appear, the minister can’t say they must not go.
“Those who have been subpoenaed have to answer for themselves.”
Cape Times