Paul Kirk
At least two of KwaZulu-Natal’s most notorious prison bosses, who are under investigation for dozens of murders and organised crime activities, could have been fired long ago if the Department of Correctional Services had simply followed its own rules prohibiting prisons officials from holding two jobs.
Both Russel Ngubo and his friend Thami Memela have been investigated on numerous occasions on allegations of murdering their political rivals and then assassinating witnesses against them. Both hold the rank of deputy director in the Department of Correctional Services.
Both have served simultaneously as senior prison bosses and councillors for the African National Congress in the KwaZulu-Natal Midlands town of Impendle.
Ngubo has been under investigation since 1995 for varied and numerous politically motivated crimes of violence. Police documents allege that both he and Memela have used violence to further their own political careers.
In most cases against the pair, investigators believe prison weapons and vehicles have been used to commit the crimes.
Memela has been under investigation, first by the police and currently by the Scorpions, on allegations that he has acted as an accessory to acts of violence perpetrated by Ngubo. Police documents show that investigators obtained information that Memela’s homestead was being used as a base for Ngubo’s alleged hit squad.
The department has repeatedly lamented that whenever disciplinary charges have been brought against Ngubo, the witnesses have disappeared or been found murdered. Criminal cases against Ngubo, Memela and their alleged accomplices have failed for exactly the same reasons as departmental ones.
This week, however, the department confirmed that Ngubo, Memela and several members of their alleged hit squad could have been fired long ago.
The department could have relied on assistance from the Independent Electoral Commission (IEC) to bring charges against them.
In terms of the regulations governing public servants, members of the Department of Correctional Services are not allowed to hold two jobs. Correctional services department representative Russel Mamabolo said, after checking the various departmental regulations, it was clear the prison bosses could not pursue political careers while still in the service.
Said Mamabolo: “If department officials want to hold public office then they must resign their position with the department. Correctional services officials are not allowed to have two jobs.”
Mamabolo said he would be checking with the KwaZulu-Natal head office of the department to establish exactly which prison bosses are moonlighting.
While Ngubo no longer holds public office, Memela still does. In any case, charges could, the department confirmed, be brought retrospectively.
The issue of moonlighting public officials arose when the Mail & Guardian investigated the story of director Manie van Dyk, a senior policeman who was recently dismissed from the force for standing for the Democratic Alliance in local government elections.
Van Dyk’s story is almost farcical. According to IEC records, Van Dyk has stood in every local government election in the Pretoria area since 1996. His name has appeared not only on election posters, but also on the IEC’s official website.
Van Dyk, who was based at the national head office of the South African Police Service (SAPS) in Pretoria, has also twice served as deputy mayor of the city he works in.
In November last year Van Dyk was suspended from duty pending the outcome of a disciplinary hearing. The charge against him was that he was a candidate for the DA during local government elections. Van Dyk was subsequently dismissed from the SAPS and says he intends appealing.
“I joined the SAPS in 1996, but have never been trained as a policeman. I work in the financial section, working with the budget. I do not allow my political beliefs to influence my decision-making and I only practise politics after knocking-off time.
“What I found odd was that I had been involved in local government for so long and so openly that I firmly believed everything was acceptable. I even served as deputy mayor so I hardly kept the whole thing secret.”
Police human resources officers declined to comment on the issue, saying that as Van Dyk was appealing the matter they had been advised to remain silent.
When the M&G attempted to contact Ngubo and Memela, neither was available.
Provincial representative for the Department of Correctional Services Philemon Ntuli said Memela had not been seen for some days and was possibly sick. Ntuli said he was certain Ngubo no longer served as a councillor for Impendle.
However a call to the Impendle town board revealed that Memela was still a serving ANC councillor and thus presumably liable for prosecution.