Forensic investigator Paul O’Sullivan has threatened to approach the courts urgently to block the proposed appointment of KwaZulu-Natal police commissioner Lieutenant-General Nhlanhla Mkhwanazi as the national head of the Directorate for Priority Crime Investigation (DPCI), commonly known as the Hawks.
O’Sullivan, representing Forensics for Justice, has warned acting Police Minister Firoz Cachalia that his organisation will launch a judicial review unless the appointment process is suspended or opened to greater public scrutiny.
O’Sullivan argued that Mkhwanazi did not meet the legal requirement of being a “fit and proper person” to lead the country’s specialised crime-fighting unit.
“Whilst I do not wish to cross swords with you, I need to make it clear that any attempt to appoint Lt General Mkhwanazi will be met with an urgent judicial review to prevent such an appointment,” O’Sullivan wrote.
He further argued that proceeding with the appointment would potentially contravene Section 17CA(1)(b) of the South African Police Service Act, which sets out the requirements for the appointment of the national head of the Hawks.
The threat follows Cachalia’s announcement on Thursday, October 29, that he had initiated the process to appoint Mkhwanazi to the position. The acting minister has submitted a memorandum to Cabinet seeking its concurrence, as required by law. The appointment has not yet been finalised.
