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[BREAKING] #StateCaptureInquiry Moyane's application to cross-examine Gordhan is dismissed on all but one issue. A decision is reserved one issue, namely the claim from Gordhan of malice against Moyane in relation to him laying charges. Zondo will seek further input on this.
#StateCaptureInquiry Proceedings resume. Former Ipid Executive Director Robert McBride returns to the stand. Advocate Paul Pretorius SC returns to audio recordings tabled during yesterday's @StateCaptureCom proceedings and mention in one of McBride "going down" in a phone call.
#StateCaptureInquiry McBride refers to Ipid's investigation into Kgomotso Phahlane. "During my suspension, at some stage in March 2016, Paul O'Sullivan was approached by some police officers," says McBride. O'Sullivan then laid a complaint with Ipid about certain forensics gear.
#StateCaptureInquiry McBride says, "The issue is about a corruption relationship with General Phahlane, or an alleged corrupt relationship, with General Phahlane and certain service providers."
#StateCaptureInquiry McBride says on his return O'Sullivan wrote to him and requested an update. "Is that when you discovered two files had been opened and both had been closed on account of being duplicates of one another," asks Pretorius. "Not immediately," says McBride.
#StateCaptureInquiry McBride says Matthews Sesoko was not yet back at Ipid, it was only later that the issue of duplicate files being closed emerged. McBride says, "It's Mr Sesoko who briefed me that this is going on, upon his return."
#StateCaptureInquiry McBride says a task team was established toward the end of 2016, perhaps round about November. This in relation to a complaint of an alleged corrupt relationship between Phahlane and certain service providers to the @SAPoliceService.
#StateCaptureInquiry "During the period members of Popcru also made an appointment to come and see me about the same complaint, round about the end of October [...] they indicated to me they had had some interaction with Mr Mandla Mahlangu," says McBride.
#StateCaptureInquiry Consequently, says McBride, he requested a briefing from Mahlangu. McBride then appointed Mahlangu to the task team. This is the same Mahlangu who can be heard in an audio recording of a call, which aired yesterday @StateCaptureCom.
#StateCaptureInquiry "They were with Ipid officials but they were charged with impersonating Ipid officials," says McBride of certain operatives who moved from the North West to Gauteng and operated out of a hotel in Pretoria Central.
#StateCaptureInquiry McBride reports on the arrest of O'Sullivan and a colleague, the attorney Sarah-Jane Trent, and the fact that Trent's cell phone was confiscated. "In any event, O'Sullivan was arrested twice by Mabula's team," says McBride.
#StateCaptureInquiry Zondo returns the charges of impersonating Ipid officials: he asks if the people charged were wearing Ipid uniforms or stated they were with Ipid. McBride says, as he remembers it, the charges were general and on account of the people speaking to witnesses.
McBride says Mabula's team visited all the witnesses relevant to the case, witnesses then changed statements, including those who "indicated that they had seen bags of money being paid over to the contractor - that is, in cash - subsequently after the Mabula team visited them".
#StateCaptureInquiry Pretorius refers to the decision of a Judge Neil Tuchten in relation to litigation involving McBride and Ipid as applicants, and Phahlane and others as respondents.
#StateCaptureInquiry McBride says for the Mabula team to relocate to Gauteng from the North West, it would require the permission of the Provincial Commissioners of both provinces. Hence, he says, they are cited in certain litigation.
#StateCaptureInquiry McBride says the same Khomo took Mandla Mahlangu to a meeting "to concoct the story" and "Khomo is the person who takes them to Mabula" which is significant in terms of the "games they play".
In May 2017, says McBride, Brigadier Ngcube of the Mabula team on the instruction of an advocate charged two Ipid investigators for allegedly contravening the Ipid Act. The two Ipid investigators are part of the task team set up to investigate claims against Phahlane.
#StateCaptureInquiry McBride says the same two Ipid investigators, including Mahlangu, are then also joined to the case against O'Sullivan and Trent.
"The information received [...] that Trent was arrested and after being driven around for a while was then interrogated and asked for her phone and taken back to get her phone at the office, where she was arrested [...] the phone was not part of a search warrant," says McBride.
#StateCaptureInquiry McBride says the chain of evidence regarding Trent's phone was lost, but the rumour was that it had been taken to Isreal so that data on the phone could be downloaded. Trent was arrested with O'Sullivan.
#StateCaptureInquiry McBride reports a conversation now with a member of the Mabula team during which McBride asked this person how he came from the North West to Gauteng, following which that person charged McBride with intimidation.
#StateCaptureInquiry McBride refers to the Khomo phone call and "the plan, the rouse, the concoction" which, he says, came to nought. He has testified on clashes between crime intelligence, the @SAPoliceService and Ipid investigators
#StateCaptureInquiry "The allegations were that there was a conspiracy to undermine the security cluster by targeting Saps officials," says McBride. Pretorius seeks to summarise at a general level, starting with charges against McBride over the renditions issue.
#StateCaptureInquiry McBride cites an intelligence report with mention of charges of treason against McBride, Sibiya, O'Sullivan et. al. "Phahlane had a bone to pick with O'Sullivan [...] he was basically under the instructions of Ntlemeza," says McBride of the report's author.
#StateCaptureInquiry Zondo asks whether McBride thinks he was targeted in an effort to slow him down and stop him from doing his work. His reply that it includes what Zondo has said and spending resources on harassment and stopping Ipid from doing its work.
#StateCaptureInquiry "Saps runs on a patronage system," says McBride. "You do a favour for my senior, you get promoted." He cites the Khomo phone call as an example. "That's how the police system works. It works on patronage [...] that's how it has been running."
McBride details the system of patronage he says exists @SAPoliceService. He says officers may come from the same village, the may have trained at the same college, been on patrols together, survived shoot-outs together and this creates bonds which can help patronage to flourish.
#StateCaptureInquiry McBride warns that if the issue of patronage is not dealt with, you will never get the @SAPoliceService right. He says it affects all of our lives and criminal syndicates require good senior police to ignore past and current lawbreaking in order to thrive.
#StateCaptureInquiry McBride says unless patronage in the @SAPoliceService is dealt with politicians will exploit this, continuing to abuse this culture for their own benefit.
#StateCaptureInquiry "They have not been reorientated to constitutionalism and respect for the Rule of Law," says McBride on the police, after discussing the history of the @SAPoliceService and a pervading culture of resistance to accountability.
#StateCaptureInquiry Zondo responds, "If that is the position, then it is very easy for those members of SAPS who are quite happy to be pliant to their seniors to actually be blind to outsiders as well, so private companies, individuals, criminal syndicates."
#StateCaptureInquiry McBride speaks about the challenges when it comes to recruitment in the @SAPoliceService (among other issues) before Zondo briefly adjourns until 12:35.
#StateCaptureInquiry McBride provides details now on a case of alleged torture of suspects in police custody in the North West, and the subsequent reported death of one of those suspects. He mentions this in relation to claims and evidence regarding Mabula's involvement.
#StateCaptureInquiry McBride says there was fear and trepidation among the Ipid investigators, others were hesitant and often they would approach McBride on how to approach their work. Ipid investigators were not sleeping at home, they were moving to other places, he says.
#StateCaptureInquiry McBride: Tracking equipment was used illegally to arrest O'Sullivan the second time. We were aware of being monitored and tracked and our phones were being interfered with, the only other time I can recall being tracked like this was during the apartheid era.
#StateCaptureInquiry McBride says that Ipid investigations often stem from the work of good police officers who, to their credit, report suspected corruption and wrongdoing, who speak out on things with which they do not agree.
#StateCaptureInquiry McBride says that Ipid "was the last organisation standing" because, in his opinion, by the time the Mabula team arrived on the scene in Gauteng from the North West, there were few to no people of good standing in DPCI and the @SAPoliceService.
#StateCaptureInquiry McBride asserts the harassment of Ipid investigators "still continues now". He's painted a terrifying picture of law enforcement, alleged criminal activity by senior @SAPoliceService officers and intimidation, dirty tricks, and worse.
#StateCaptureInquiry McBride reports that the "crumbling of the whole criminal justice system was basically in effect" and he went to the State Security Agency Director General, who then convened a meeting which included then NDPP Shaun Abrahams, Phahlane, Moyane and McBride.
#StateCaptureInquiry McBride is replying to a question from Pretorius on any reports made to relevant seniors on his concerns. He's described a meeting and says he engaged with the SSA. He says he had concerns about national security, the Constitution and Rule of Law.
#StateCaptureInquiry McBride says the minds of the people involved in the corruption is not anywhere in the Constitution and the Rule of Law, it is there in greed and survival, you are talking two different languages.
#StateCaptureInquiry "We even sent info notes to Nhleko, even though he said he didn't want to engage with me anymore," says McBride after reporting steps he says he took as Head of Ipid over concerns regarding law enforcement agencies and the crumbling thereof.
#StateCaptureInquiry Proceedings adjourn until 14:00.
#StateCaptureInquiry Proceedings resume. McBride speaks about a cross-border plot to allegedly launder money. He speaks of a "twin company" set up in Namibia that was owned by the general in the police who had been in an influential position to influence contracts.
#StateCaptureInquiry McBride says, "It's not petty corruption. It's big corruption." He says he has raised the example in relation to a vehicle linked to Phahlane, because it demonstrates that the corruption extends beyond South Africa and involves large amounts of money.
#StateCaptureInquiry Pretorius refers to mention in McBride's statement of attacks on Ipid, which McBride says are ongoing and, he submits, present a grave risk to the police watchdog and its work.
#StateCaptureInquiry McBride speaks on the National Prosecuting Authority (NPA) and says there is a paper trail, including on the Panday case, showing Ipid sought details on NPA work, which he suggests was slow yet the NPA seemed to him anxious to go after anti-corruption people.
#StateCaptureInquiry McBride lists a case opened against the Mabula team opened by Sullivan and Trent. "Two senior public prosecutors recommended that in the interests of preserving human rights [...] there should be prosecutions," says McBride.
#StateCaptureInquiry "The same case goes to Baloyi to decide. The same Baloyi we had complained about," says McBride. He describes a chain of command in the NPA and a decision that police officials from the Mabula unit not be prosecuted.
#StateCaptureInquiry McBride speaks of an NPA decision to institute charges "in the absence of evidence" and using the Werksmans report. McBride lists a number of @NPA_Prosecutes staff in his statement, while raising grievances about their conduct.
#StateCaptureInquiry "There is a paper trail of all of this but because I am not in Ipid I can't access it," says McBride testifying now on people from the NPA.
#StateCaptureInquiry Zondo returns to his claim against the state prosecutor who McBride claims instituted charges against him and others, allegedly only based on the @Werksmans report.
#StateCaptureInquiry McBride says after his return to Ipid along with Matthews Sesoko and Innocent Khuba they met with NDPP Advocate Shaun Abrahams of @NPA_Prosecutes.
#StateCaptureInquiry "Whilst we are there, Mr Abrahams welcomed us, and he continues speaking. He was with all his Deputy National Directors [...] he started pre-empting what we had submitted to discuss," says McBride.
#StateCaptureInquiry McBride says he interrupted Abrahams after Abrahams spoke for some time and asked if Ipid would have a chance to speak, at which point Abrahams ordered him to leave, McBride refused saying he would not go until he received an answer.
#StateCaptureInquiry McBride says, "It was really an eye-opener." He reports that he and Abrahams left the meeting on a professional basis, but he noted that Abrahams's deputies did not speak up, to McBride this reflected the culture at the NPA at the time.
#StateCaptureInquiry "The issue here is why some prosecutions, why did some cases not take place?" says McBride citing the Panday case among other corruption cases. He says "there is a change" now but there was a bias which is indeed tangible, and there is evidence to back it up.
#StateCaptureInquiry McBride speaks about a hurried order created by crime intelligence @SAPoliceService on a Friday night, which resulted in a R54-million going out on the same day, and in a matter of hours even though the goods ordered needed to be delivered from Australia.
"That is an open and shut case of fraud and money laundering," says McBride of the matter dating from March 2016 which he tells Zondo is now with the NPA and which, he says, was not picked up by the relevant agencies, but only by Ipid.
McBride now speaks critically about @HoganLovellsSA. He says it was the law firm of choice under Nhleko. He says they preferred the same counsel. "How is it possible that Advocate Mokari was involved every step of the way [...] didn't he have other work?" asks McBride.
McBride names Lionel Moyo who was appointed, he says, in Nhleko's office as Chief of Staff without clearance. Moyo was arrested and convicted, before serving a custodial sentence, says McBride. "He recently appeared in court on 31 March 2019 for also having false documentation."
#StateCaptureInquiry McBride says the question is why Nhleko would hire a convicted criminal who used false identification. McBride says he has thought about it a lot and there is no reasonable explanation why the Minister would insist on such a person as a Chief of Staff.
#StateCaptureInquiry McBride now refers to correspondence with Abrahams on a number of issue. He then refers to his assertions on dealing with "rogue units" in the @SAPoliceService, such as in connection with the Phahlane investigation.
#StateCaptureInquiry Pretorius refers to a letter marked "confidential" dated 23 February 2018.
McBride: We stated our disagreement and stating the status quo as it was then, it is indeed a record which we think indicates a bias-ness and a purposeful different in swiftness in dealing with different types of cases and there is a bias against anti-corruption fighters.
#StateCaptureInquiry Some of what McBride had to says about the NPA, especially in relation to correspondence with former NDPP Abrahams. ⤵️
#StateCaptureInquiry McBride claims during his suspension from Ipid, acting Ipid Executive Director Israel Kgamanyane targeted investigators at the police watchdog. He says he'll deal with an affidavit of 10 December at a later stage. I think this may mention the "death squad".
#StateCaptureInquiry McBride will provide further submissions and share more information, also evidence, on some matters. Zondo thanks him for his evidence and says, "We will be seeing you again." He notes McBride may be subject to cross-examination, too. McBride is excused.
#StateCaptureInquiry Pretorius says there has been some uncertainty around the timing of the next witness, former KwaZulu-Natal Hawks Head General Johan Booysen, who will begin testifying tomorrow. Proceedings adjourn until 10:00 tomorrow.
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