Constable & His Suspicious Court Order Which Made Him a “Corruption Investigator”

Constable & His Suspicious Court Order Which Made Him a "Corruption Investigator"

Constable & His Suspicious Court Order Which Made Him a "Corruption Investigator" Liberty Fighters Network (LFN) has been following the bail application hearing of suspected Johannesburg “key-pin” property hijacker, Jonathan Constable, and his one co-accused Bongani Kathide since Wednesday with great interest.

The hearing is set to continue at 14h00 today (Friday) and thus far it is evident that Constable has been playing on the emotions of the victims of property hijackings by mentioning that Police officers are being paid by real property hijackers and that charges are being fabricated about him. This excuse is not the first time he has brought it up and seemingly had been on his side time and time again.

It is common information that Police officers, just like above others sheriffs, lawyers and COJ officials are suspected property hijackers and that authorities are reluctant to truly take this epidemic serious, but I believe that the modus operandi of Constable is to allegedly lure occupants staying on suspected hijacked properties to pretend as if he is going to assist them as a so called “Court appointed” corruption investigator, says Reyno De Beer who had been on the tail of Constable since June 2017.

Constable had been walking around with a Court Order he mysteriously obtained in the Regional Court of Mbombela (Nelspruit) on 7 August 2015 against the Mpumulanga Provincial Police Commissioner and “Head of Nelspruit Organised Crime Unit” in which a Magistrate Khumalo made an order which reads “… [Constable] be allowed to continue with his mandate and function as an investigator against corrupt police officials, home affairs immigration officers, customs officials and traffic officials”.

**[This Court Order is attached to this media release for your information.]

De Beer says that there are several objections to this Court Order of which the heading, general structure, jurisdictional problems and even citation of the Directorate of Priority Crimes Investigation Unit (DPCI – Hawks) are some of these issues.

There is also no record of what this so called “mandate and functions” entail.

The Magistrate clearly faulted with this particular paragraph 3 on the Court Order where Police, Hawks and the public had been interpreting it as if the Court had appointed Constable as a so called civilian corruption investigator while there are already sufficient Constitutional and Governmental structures like IPID and Public Protector who are specifically geared to fulfill that function.

In any event, there is also no record that Constable is registered in terms of the Private Security Industry Regulation Act, 2001 to act as a civilian investigator and his National Immigrants Council of South Africa (NICSA) is also not found in the latest published lists of the Department of Labour dated December 2017 as either an employers’ organisation or trade union, as he had been claiming in Court.

Notwithstanding that there are several suspicious elements to that Court Order it is highly uncommon for a Regional Court magistrate to order interdictory relief of that nature in a Spoliation Application, especially to grand a person (especially someone with an extensive history as Constable) the right to act as a corruption investigator.

De Beer has reported Magistrate Khumalo to both the Magistrates Commission and the Minister of Justice and Correctional Services, Adv. Masutha, for investigation and none were of any assistance and the Director of Administration in the Office of the Minister, Mrs. Corlia Kok, referred him to the Acting Chief Litigation Officer in the Office of the State Attorney, Mr. R Isaacs, to consider setting aside that clearly defective Court Order, but up to date nothing was forthcoming.

There are several unanswered questions relating to this Court Order which had effectively appointed Constable as a civilian corruption investigator of which the most obvious one is ‘Why didn’t the Mpumulanga Provincial Police Commissioner and DPCI do something about it to either set it aside or appeal against it?’

De Beer managed to come in contact with a one Mr. Slabber who was the attorney tasked in Mbombela to represent the State in that Application, but although Slabber confirmed that the whole Court case was very “weird” the State Attorney seemingly was happy with the outcome and he did not receive any further instructions to challenge the Court Order.

The Provincial DPCI Head, Brig. Ngwenya, also confirmed to De Beer that the Hawks were very upset with the outcome of that Court case, but were effectively instructed by the attorneys to return the applicable documents, “NICSA appointment card” and laptop to him they were using to investigate Constable.

Strangely, a Hawks Officer who did not want to be identified, told De Beer that the whole matter was such a mess that he personally went to fetch even the docket from Constable that was returned to him and apparently rightfully said that “he does not care what the Court said, but Constable have no right to have the docket in his possession”.

Notwithstanding that De Beer again made queries to the Minister and Isaacs on 5 January 2018, no response was received.

Meanwhile LFN awaits the outcome of the bail hearing this afternoon and will be engaging with the National Prosecuting Authority (NPA) to present it with all evidence in its possession to ensure the proper prosecution of Constable and his co-accused.

At no stage do we say that Constable is guilty of any offence he is suspected of, but from our evidence it is clear that there is more to this Constable saga than is claimed and we shall not leave any stone unturned until we get to the bottom of it”, De Beer promises to the victims of property hijackings which had been totally neglected by the Government and now even the DA administration of Johannesburg.