/ 21 August 2009

Cele waits on outcome of court bid

Newly appointed national police chief Bheki Cele will have to wait a few more days to hear the outcome of his court bid against Inkatha Freedom Party (IFP) leaders.

After lengthy arguments by the legal teams of both Cele and the IFP on Friday, Judge Achmet Naaim Jappie said he would deliver judgement before the ”end of the term”, which is at the end of August.

Cele, who is the former KwaZulu-Natal minister of safety, filed an application in February interdicting three IFP leaders from publishing defamatory statements against him.

He approached the court after the IFP claimed he was seen pointing a firearm at IFP supporters in Nongoma in January, and accused him of provoking police to fire rubber bullets at IFP supporters.

Respondents in the application include IFP leader Mangosuthu Buthelezi, party MP and spokesperson on security Velaphi Ndlovu and IFP national organiser Albert Mncwango.

Cele has applied for an interim order pending the hearing of his defamation action.

Explaining why Cele’s application should be granted, his counsel, Vinay Gajoo, said Cele had tried several times to persuade IFP leaders to retract their statements before taking legal action.

”There was a lack of repentance on the side of the respondents. At one stage, the applicant [Cele] was told to go and hang himself when he asked for a retraction,” Gajoo told the court.

The IFP leaders’ counsel argued that Cele got the police to act against IFP supporters.

It submitted that he should have exercised caution in dealing with IFP supporters because he was a known high-profile ANC leader.

The ANC was holding its pre-elections rally in Nongoma when there was a stand-off between its members and IFP supporters.

According to court papers, Cele was called by a journalist who told him IFP supporters were blocking buses transporting ANC supporters to a rally.

The IFP defence team wants the court to dismiss Cele’s application with costs. — Sapa