Ex-Gauteng police boss Lesetja Mothiba denies political interference in TRC cases

Former Gauteng Provincial Commissioner Lieutenant-General Lesetja Mothiba appeared virtually before the TRC Cases Inquiry on Monday and denied any political interference in investigations or prosecutions linked to the Truth and Reconciliation Commission.

Assertion of non-interference

Mothiba told the inquiry he had always sought to comply with his legal obligations under Section 205 of the Constitution and that he “never engaged in any act of political interference” in relation to TRC investigations. He read from paragraph 11 of his affidavit while giving evidence.

“During my time as provincial commissioner, I always tried to carry my responsibilities according to the provisions outlined in Section 205 of the Constitution. I never engaged in any act of political interference,”

Role of the DPCI and reporting responsibilities

In his testimony Mothiba reiterated the independence of the Directorate for Priority Crime Investigation (DPCI) from the South African Police Service (SAPS). He said that although TRC cases were treated as priority crimes, they were the responsibility of the DPCI rather than the SAPS.

Mothiba also explained that the Police Act requires the national commissioner to include the performance of the DPCI in the annual report to Parliament, but that his own presentations did not cover DPCI matters. He said when called to Parliament, the SAPS and the DPCI would appear together yet present on their respective mandates.

No knowledge of communications on TRC matters

Mothiba confirmed he was not privy to any communications about the investigation or prosecution of TRC cases between the SAPS, the National Prosecuting Authority, the Department of Justice and Constitutional Development, members of the executive, or any other parties, and said he had no information relating to those cases.

“It is correct, commissioners, that I never interfered with any TRC-related matters. I was also not privy to any communication or interactions between the SAPS and NPA or the Department of Justice and Constitutional Development and members of the executive or any other member about the investigation or prosecution of TRC cases,”

Career context given to the inquiry

The inquiry was told Mothiba was appointed as provincial commissioner in June 2014 under former National Police Commissioner Riah Phiyega. The record also notes that in 2017 he was appointed by former President Jacob Zuma as acting national police commissioner to replace Khomotso Phahlane.

Proceedings after Mothiba’s testimony

Mothiba’s brief testimony concluded before the inquiry’s tea adjournment. The commission was scheduled to continue with the cross-examination of Loyiso Jafta, the Deputy Director General of the State Security Agency, who had recently appeared before the commission.