Khayelitsha SAPS probe hindered by court fight

Helen Zille has asked a court to order police to hand over missing documents in Khayelitsha Commission case.

Zille asks CT court to order police to hand over missing documents in Khayelitsha Commission case. Picture: Supplied

CAPE TOWN - Western Cape Premier Helen Zille's legal team on Monday asked the Western Cape High Court to order police to hand over documents in the Khayelitsha commission of inquiry court case.

The documents relate to affidavits supplied by Police Minister Nathi Mthethwa, National Police Commissioner Riah Phiyega, Western Cape Commissioner of Police Arno Lamoer and the Civilian Secretariat for Police.

Zille established the commission of inquiry in August last year to investigate claims police in Khayelitsha were ineffective. The area was hit by a wave of vigilante killings with residents taking matters into their own hands.

During the commission's first public sitting in the township, it emerged that police would go to court to obtain an interdict for the hearing.

But an attempt to interdict the commission was dismissed by the high court in January.

Doubt was cast on the request, leading to questions about the independence of the probe.

But Mthethwa is now taking the matter to the Constitutional Court.

The premier's spokesperson Zak Mbele said, "Our legal team filed an application requesting the high court to compel Minister Mthethwa's legal team to hand over documents that make up their affidavit challenging the Khayelitsha Commission that have not previously been given to us."

Retired Judge Kate O'Regan and former National Director of Public Prosecutions boss Vusi Pikoli are heading the inquiry.