Allegations of foul play by the Jali commission investigating team has seriously tarnished the integrity of the commission, with the Police and Prisons Civil Rights Union (Popcru) walking out on proceedings in Port Elizabeth this week.
Popcru, through its lawyer, informed the commission hearing in Port Elizabeth on Thursday that it is withdrawing from the commission hearings because it believes the Jali investigating team is prejudiced and selective in bringing witnesses before the commission.
It presented sworn affidavits to prove that the investigating team could have used dirty tricks.
The withdrawal came a day after the Jali chief investigator in the Eastern Cape, advocate Vas Soni, created the impression in his legal argument that his investigating team conducts interviews with people, decides on the accuracy of the evidence and then selectively chooses witnesses.
Popcru’s lawyer, Paul Bester, told the commission his clients believe witnesses and information are brought before the commission selectively.
He said Popcru has not lost confidence in Judge Jabani Jali or his commissioners, but had lost faith in the integrity and objectivity of the investigating team led by Soni. He said not all the information presented to the investigating team is presented to the commission.
Soni said statements that created the impression that his team called witnesses selectively were the result of the clumsy way he had expressed himself earlier.
He said the reasons Popcru presented to the commission for withdrawing were not bona fide and therefore the commission would continue with its work even if he needed to subpoena Popcru members to testify in future.
Popcru members handed sworn affidavits to the commission containing information that they claim the investigating team did not want to present as evidence.
In one affidavit, Michael Harold Melvin Bones says he met an investigating official of the Jali commission, Mlamli Magigaba, on July 17 this year and told him of the vast amount of corruption going on at St Albans prison outside Port Elizabeth.
Magigaba did not take any notes, but stopped him and pointed to a photograph of the Eastern Cape provincial commissioner, Raphapeng Mataka, on the wall. Magigaba said: ”Do you know this rubbish?”
When he said he did not, Magigaba insisted on asking questions about two other senior prison officials, Eric Nweba and Meshack Mpemwa. He could not give any information about the people and Magigaba left with-out taking a statement on the alleged corruption.
In another affidavit, Thobeka Kasi of King William’s Town said Magigaba phoned her to say she had to accompany him to Port Elizabeth to testify in respect of an issue relating to a Loyiso Tsatshu.
She said that she was ill and therefore unable to travel to Port Elizabeth, but Magigaba offered her the chance ”to get a job within the Department of Correctional Services”.
She was also worried about travel costs. He replied that ”money was no option [sic]” and that he would arrange to have her picked up, brought to Port Elizabeth and taken back to King William’s Town.
Two weeks later, a Mr Davashe, who worked with the Department of Correctional Services at St Alban’s prison, promised her a job if she made a statement. She was later phoned by a policeman from the crime intelligence unit in East London to say he had a statement that she had to sign. When she asked what statement that was, he said it was related to Tsatshu.
She said she did not have time to sign the statement.
”He in no uncertain terms informed me that if I did not sign the statement, he would take me to jail. I said to him that he must then take me to jail as I was not going to sign a paper that I do not know what it is about,” reads the affidavit.
She says the same man phoned her three times and also came to her house.
Pamela Thomas of King William’s Town claims in an affidavit that she was phoned in August by a person who identified himself as a member of the Jali investigating team.
He said he received a fax from a Boniswa Mati claiming Tsatshu would have provided her with work if she performed sexual favours for him. She told him she knew nothing.
A week later a Mr Jongolo of the crime intelligence unit in East London arrived at her church. He said that he was sent by the Jali commission and that Soni wanted to see her in Port Elizabeth .
She claims Jongolo told her if she did not accompany him she would be arrested and go to prison for three months or be fined R300.
They started the trip to Port Elizabeth with another unknown man, his wife and child. She became afraid before they had travelled far and insisted on getting out of the vehicle.
”They said that I must fokkof and see if I can get home, but they would in any event not drop me off until I signed the statement.”
She says she was deprived of food and drink and subjected to verbal abuse by Jongolo and his colleague.
Soni interrogated her the next morning and took her cellphone to check her call register. He told her that he was going to ask her questions and if she did not tell the truth, she would be arrested.
She answered questions and was taken home later that day.