Suspended Brigadier Tiyani Hlungwani, who allegedly exposed corruption within the South African Police Service’s (SAPS) Crime Intelligence unit, has gone to the Labour Court in Johannesburg in a fierce battle to save his job.
Hlungwani was suspended in April 2019 with a full salary of over R1 million per annum until it was stopped in September 2024 while his disciplinary process was still ongoing.
This prompted Hlungwani to seek relief at the labour court for reinstatement to his position, seeking the opportunity to return to work and receive his salary.
Hlungwani’s reprisal started after he thwarted a R45 million deal aimed at getting a spying device known as a "grabber" which was intended to buy delegates and sway votes at the ANC’s national conference held in Nasrec in December 2017.
At the time, Hlungwani was the head of finance responsible for the secret services account, which is used to, among other functions, pay police informants.
Following the suspension of the Nasrec deal, and his whistleblowing on corruption involving senior officials including former police minister Bheki Cele and former national police commissioner Khehla Sitole, Hlungwani encountered numerous instances of disciplinary action as well as criminal charges.
In his recent battle, Hlungwani is clashing with his boss, the head of Crime Intelligence Lieutenant General Dumisani Khumalo.
In October, Hlungwani submitted three distinct urgent applications, with one aimed at preventing Khumalo from assembling and leading a board of inquiry to assess his capability to remain in office.
Hlungwani claims Khumalo was appointed irregularly and his appointment failed to go through the necessary clearance check.
He said Khumalo was appointed to protect senior officials from being investigated.
Khumalo was appointed to lead the beleaguered unit by former police minister Bheki Cele in December 2022.
Khumalo indicated that he was performing his duties as the head of the unit and said Hlungwani had to be taken through an inquiry because he had been absent from work for years now.
When responding to one of Hlungwani’s application which was heard on Friday, Khumalo described his subordinate as a bitter employee who was harassing workers in the Crime Intelligence.
He said Hlungwani sent harassing messages through WhatsApp, SMS and other forms of electronic communication.
"Most of the SAPS members spend more than eish hours a day at work. It's a stressful work environment faced with many challenges. I cannot allow the respondent (Hlungwani) to continue with impunity to trample on the fundamental right of co-employees.
“In this application, I highlight a few co- employees who bear the brunt of the respondent’s bullying, these are however not the only employees affected by the respondent,” said Khumalo.
Khumalo attached a screenshot of Whatsapp messages believed to be from Hlungwani which were sent to Colonel Eugene Pitout where he called him a coward, Khumalo’s henchman, and a bigot.
“Ok desist bigot. If you are still investigating me...by all means go ahead. If you want to carry out an assassination on me...try that and see what happens but do not provoke me,” read one of the Whatsapp messages.
In one of the emails, Hlungwani told Khumalo that he wont last as head of Crime Intelligence because he was “an incompetent man with a fake security clearance.”
The email also referred to Lieutenant-General Peter Jacobs as a rapist.
Jacobs, who has been cleared from the charges, was at some point head of Crime Intelligence and Hlungwani’s supervisor.
Khumalo said he has since blocked Hlungwani’s number on his phone and doesn’t even read emails he sends to his secretary.
“Firstly, that is not my management of style to entertain junior members in the absence of their commanders. Secondly, I don’t report to the respondent (Hlungwani), and I don’t have to defend my abilities, skills, and competence to the respondent,” he said.
Khumalo is engaged in another legal battle in the same court with his deputy, Major General Feroz Khan who is also fighting to save his job.
Khan found himself entangled in criminal case tied to the discovery of cocaine in 2021. He faced accusations of interfering with the investigation and obstructing justice.
Meanwhile, former Crime Intelligence boss, Richard Mdluli is also facing a myriad of corruption charges which happened while he was still the head of the unit.
Mdluli and his two co-accused, former SAPS supply chain manager Heine Barnard, and chief financial officer Solomon Lazarus, are facing charges of corruption, fraud and theft.
The charges stem from their time of employment by the state, between 2008 and 2012, when they were at the helm of the police crime intelligence services.
All three accused face charges related to the alleged abuse of the police’s secret slush fund.
The allegations include the payment of private trips to China and Singapore, the private use of witness protection houses, and the leasing of Mdluli’s private residence to the state in order to pay his bond.
Among other allegations, it is claimed that during one of Mdluli’s trips to Singapore in 2009, he allegedly used some of the funds for personal expenses, buying electronic equipment, clothing, jewellery, and perfume.
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