Cele: 'It wasn't me'

National police commissioner Bheki Cele says he had nothing to do with the R500-million police headquarters lease and dumped the blame for the debacle on the Department of Public Works and one of his former deputies, the police's head of procurement.

A defiant Cele said that, though he "fully respected" Public Protector Thuli Madonsela and welcomed her finding that he had not personally signed the controversial lease, she had ignored key facts during her five-month investigation.

For once in a suit and not his police uniform, Cele said Madonsela's omissions meant that her findings were factually and legally questionable.

"It [Madonsela's investigation] has been riddled with problems that, in my view, detracted from its fairness," he said.

Cele said the constitution specified that the Public Protector be independent and impartial, but her "joint" investigation with the Special Investigating Unit was "fatally flawed".

On Tuesday, Madonsela reported that Cele's conduct in the lease deal was improper, unlawful and amounted to maladministration.

But Cele hit back, saying that, though he is the accounting officer of the SAPS, decisions were made by experts in his department.

"I cannot comment on why the Department of Public Works adopted the approach it did and questions in regard to its conduct will need to be addressed to it."

Cele launched a scathing attack on his former head of police procurement, Lieutenant-General Hamilton Hlela, whom he claimed "defied so many instructions".

He said he delegated finding a new police headquarters to Hlela because of his knowledgeof property matters.

"The fact that the need was urgent did not mean that Hlela should not follow the correct procedures, which were entirely within his expert knowledge and fell within his area of responsibility," Cele said.

He levelled three other serious allegations against Hlela, who broke his silence about the deal to the Sunday Times last year.

Cele claimed yesterday that Hlela defied a September 2009 management instruction to source police uniforms from BEE and public-private partnerships. He instead extended the contract with an unnamed supplier to 2013.

Cele claimed that Hlela violated "serious" procurement procedures when he entered into a R1-billion contract with an Eastern Cape company. He refused to reveal details of the contract. Cele also said Hlela "went beyond" specifications on equipment bought for last year's soccer World Cup.

But Hlela - who claimed it was Cele who identified the Middestad building as the new police HQ, and ordered him to fast-track the procurement - said he would not be made the scapegoat in this saga.

"I'm not going to leave it at that. I'm going to consult my lawyers," Hlela told The Times yesterday.

Cele said he, too, was seeking legal advice - about Madonsela's remarks about him.

"Only a court of law can find me guilty of anything," he said.

Cele said the corruption allegations levelled against him in the media were "defamatory lies" because Madonsela made no corresponding findings.

In a response to a draft of Madonsela's report, Cele had said it was wrong of her to have brought the Special Investigating Unit into the investigation into the lease.

"The Public Protector cannot ask the [unit] to perform a function which it is not authorised [to do] in terms of the act. To do so would be illegal."

Cele's had other objections to Madonsela's investigation. They include:

• He and the police had been unfairly treated in that they were not allowed adequate time to comment on, or given access to, the documents on which Madonsela based her findings;

• The identity of those making accusations were secret; and

• The Public Protector acted in breach of the Public Protector Act because she refused to allow him to be represented by a lawyer when she interviewed him.

Cele yesterday said Madonsela explicitly told him not to bring a lawyer to their interview on December 7.

He said that, shortly after taking office, he realised that there were "certain problems" in the police that had to be dealt with. In November 2009, he asked the head of the Special Investigating Unit, Willie Hofmeyr, to investigate certain divisions of the police, including supply-chain management.

Cele warned : "If officials within SAPS are found to be implicated in improper activities, ultimate blame will be directed at the accounting officer."

DA MP Dianne Kohler Barnard said Cele was making a mockery of the constitution and that he had been compromised.

"The president cannot remain silent on this matter any longer. He should dismiss him," she said.

COPE spokesman Sipho Ngwema said Cele was shifting the blame to Hlela, because Hlela had questioned the deal.

"He must now do the honourable thing and resign. He bullied members of staff and pushed for illegal transactions.

"Cele must be criminally charged under the Public Finance Management Act and further corruption charges [must] be investigated," he said.