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Sat May 25 15:01:31 SAST 2013

Zuma must tell court why I was fired: Cele

Sapa | 14 October, 2012 11:45
Former national police commissioner Bheki Cele has launched a legal application to be reinstated. File photo.
Image by: HALDEN KROG

Former national police commissioner Bheki Cele wants President Jacob Zuma to tell the North Gauteng High Court in person the reasons for his dismissal, according to a report.

The Sunday Times reported that in a replying affidavit filed this week, Cele criticised an affidavit submitted by Zuma's legal adviser Bonisiwe Makhene.

"Makhene has no personal knowledge of most of the matters to which she refers, more particularly the manner in which [Zuma] made the decision which is the subject matter of the review," Cele said.

Makhene said Zuma was guided by the findings of a board of inquiry when making the decision to fire Cele.

The inquiry, headed by Judge Jake Moloi, found Cele was not fit to hold office.

Makhene denied Cele's earlier claim that Zuma's decision was irrational and that the president had acted with an ulterior motive.

Cele said Makene's affidavit was inadmissable as it was hearsay and irrelevant.He would make an application for the affidavit to be struck out. It was Zuma's "constitutional duty to explain" to the court how he arrived at the decision to fire Cele.

"The decision-maker cannot rely on explanation by persons who do not state on the record that they participated in and advised the decision-maker on the process and reasons for arriving at the decision on the review," he said.

Cele is attempting to overturn his dismissal.

Moloi's inquiry was mandated by Zuma to establish whether Cele had acted corruptly, dishonestly, or with an undeclared conflict of interest in relation to two police lease deals he signed with businessman Roux Shabangu worth R1.7 billion.

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