Cele calls for bail and parole reforms

Former police minister Bheki Cele has highlighted to Parliament the need to relook the granting of bail and parole to offenders who commit other offences upon their release.

Speaking on the possible reforms that could be undertaken, Cele said both parole and bail need to be looked at very closely.

He said one major problem for the police was bail.

“What I am always told is that it is a constitutional right. That thing called bail is a mess,” he said.

The former minister was giving his testimony at the parliamentary inquiry probing allegations that were made by KwaZulu-Natal police commissioner Nhlanhla Mkhwanazi.

Cele complained about cash-in-transit heists suspects being granted bail, something he said frustrated the police.

“With bail supplied like you are Father Christmas, criminals repeat their crimes."

He also said there was also the question of corruption that kept cropping up with bail.

“I don't know if the members are aware of the fire that is burning around Judge (Aubrey) Ledwaba with bail of (Katiso) Molefe and that he was given R2.5 million to grant that bail. So there is that.”

Cele added that there was “another animal” called parole.

“That's another big animal where people, I am told, are released on good behavior in prison and I don't know how you would have a good behavior in prison because you are in prison. So you behave so because you are in prison,” he said.

The former minister said the numbers of repeat offenders granted parole was “quite bad”. 

He said that contrary to the argument that there were not too many criminals running amok among South Africans, the problem of the courts and correctional services was to resupply criminals.

“It is an issue that when you follow them, you find some of them going back to do the worst things than the original things that they have done, but also most are found for the revenge. They go back to those people who were witnesses and sent them to prison, and come back to them.”

Cele hastened to state that he was not saying people must die in prison, but there should be a way to relook the parole system.

However, he urged that laws on bail and parole should be enhanced.

“I hope people that are there to implement those laws can do their best,” Cele said.

Cele also raised concern about the lack of oversight on the Independent Directorate Against Corruption (IDAC), an agency within the National Prosecuting Authority.

“I would not complain about the work of the IDAC, but I can't have a structure, such a powerful structure, that has no oversight.

“That would be my main complaint up to this point. I don't know any form of oversight like the IPID within the police, like the judge with the Hawks, otherwise, you will find the people running amok without anybody checking them and telling them to fall in line.”

Cele added that the appointment of a deputy police commissioner by the national commissioner should be relooked as the rank of the former was equivalent to that of a deputy director-general, who was appointed by cabinet on recommendation by a panel following an interview.

He said SAPS should follow the same method used in other departments when appointing deputy directors-general in the appointment of the national deputy commissioner.

“How they excluded police is a problem,” Cele added.

The former minister stated that intelligence laws that regulated the purchasing of listening devices by Crime Intelligence.

Cele said if SAPS want to buy such equipment, it has to approach the minister of Justice, who must get consent from his or her State Security and Communications counterparts.

If anyone of the minister doesn’t give consent, the device apparently can’t be bought.

“That can’t work. I find it very cumbersome,” he said.

“I agree you can’t have agencies monitoring people without any kind of monitoring,” he said, adding that concurrence should be obtained from only the Justice Minister rather than from all others.

mayibongwe.maqhina@inl.co.za