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Police Minister Bheki Cele says some officers are breaking the law, extorting communities, and committing acts of corruption while hiding behind their blue uniforms.

According to Cele, between 1 April and September this year, 24 police officers were arrested for various crimes in the Western Cape.

On Thursday, he addressed a press conference in Parliament where he described the police's efforts to curb extortion and kidnappings in the Western Cape.

"This includes 11 police arrested for corruption. Four officers were arrested for fraud, four more were arrested for extortion, and another four members were arrested for defeating the ends of justice. One officer has been found in possession of drugs and is answering to that charge," Cele said.

"We have agreed that restoring the trust deficit between communities and the SAPS will need the police service clean house. I believe these arrests, while they are painful, they do send a strong message that police ineptness and police corruption will never be tolerated and won't go unpunished."

Cele said police in the Western Cape were investigating 32 cases of kidnapping between March and September.

"It remains encouraging that the SAPS in the province continue to make inroads regarding kidnapping cases. A total of 15 kidnapping suspects have been arrested. This includes the court appearance of five suspects who appeared at the Wynberg Magistrate's Court on 12 September 2022. The five-member gang appeared on charges of conspiracy to commit a kidnapping and other charges related to the failed kidnapping of a business women of Chinese nationality."

He said the judiciary was also intensifying the fight against corruption within its ranks.

This included magistrate's courts that had turned into bail "wholesales" in some parts of the country.

"The Correctional Service Department has also made strides in the fight against alleged corruption in its correctional facilities. This includes allegations of prison warders who are colluding with criminals while behind bars," Cele said.

Cele also gave an update on attacks on public transport vehicles.

He said the Western Cape transport sector had been recently marred by violence, intimidation and acts of sabotage, placing commuters' and drivers' lives at risk.

"Thirty-eight cases were registered of attacks on Intercape, Golden Arrow, Mavumisa buses, as well as taxis... from 1 August to 31 August 2022. Sixteen people have been arrested, charged with public violence and malicious damage to property. Interventions to stop the attacks and violence in this sector have included investigative task teams reliant on early warnings from Crime intelligence to make arrests and prevent further attacks."

Officials from the Eastern and Western Cape had been meeting to address challenges in both provinces, and increased police deployment on bus routes had also yielded encouraging results, Cele said.

Meanwhile, Cape Town Mayor Geordin Hill-Lewis said Cele must establish an extortion and kidnapping task force for the city.

Acting Public Protector Kholeka Gcaleka says advocate Busisiwe Mkhwebane's claims that her office's Phala Phala investigation has been unduly delayed because of her suspension by President Cyril Ramaphosa are "inaccurate and untrue".

The investigation relates to the break-in and theft at Ramaphosa's Phala Phala farm in Limpopo in 2020.

"No facts are put up in support of these allegations," Gcaleka states in papers filed at the Western Cape High Court.

"That is not surprising. Adv Mkhwebane has not been the incumbent in office since 9 June 2022. Nor has she been involved in that investigation. Consequently, it is hard to believe that she has any knowledge of the actual progress of that investigation."

Gcaleka has also hit back at opposition parties that have demanded that she provide them with an interim report on the Public Protector's Phala Phala investigation – something she says is "contrary to the legal standards that the [Public Protector] must comply with" in relation to its Executive Ethics Act investigations.

"Despite my efforts, parties persist in their attempts to place unlawful demands on the PPSA (Public Protector South Africa). They appear to be unlawful interference with the [Public Protector's] functioning and may contravene section 181(4) of the Constitution," she said.

Gcaleka is seeking to intervene in Mkhwebane's urgent application for the immediate enforcement of the Western Cape High Court order that Ramaphosa's decision to suspend her – in the days after she launched an investigation into the 2020 break-in at his Phala-Phala farm – was "improper" and invalid.

Mkhwebane wants that ruling to immediately come into effect, despite the fact that both the president and the DA are seeking to appeal it.

While Gcaleka is not opposing Mkhwebane's application for immediate reinstatement, she says her office has a duty to correct the "inaccuracies and untruths" contained in her court papers – including Mkhwebane's allegations in relation to the Phala Phala investigation.

On Friday, just hours before the Western Cape High Court released its ruling that Mkhwebane's suspension was invalid, the EFF, UDM, ACDP, Cope, PAC, and ATM marched on the Public Protector's office in Pretoria to demand answers about the Phala Phala investigation.

They argued that, under the prescripts of the Executive Members Ethics' Act, the investigation into Ramaphosa should have been completed within 30 days – a deadline that Mkhwebane and the Public Protectors before her have repeatedly failed to meet).

"In 30 days, you were supposed to release the parts of the report which are ready. Say, 'It is not a complete report, but I will return and give you the full report.' You have violated the law. The report must be released with immediate effect," EFF leader Julius Malema said, as reported by News24.

"We do not want answers. We want a report."

Willie Madisha from Cope said, "We are tired because you (Gcaleka) are protecting thieves, instead of dealing with this problem we are faced with. You should have dealt with this problem a long time ago. We are extremely angry."

Gcaleka, however, points out that Mkhwebane herself has told Parliament "that the earliest period within which a report can be completed, in respect of [Executive Members' Ethics Act] matters, is within 6 months of receipt of the complaint". This is a "reasonable approach, given the demands on the Office", she said – before pointing out that the Public Protector had never actually completed such an investigation within that six-month deadline.

"I do not intend to risk the integrity of the investigation by issuing any 'initial' or interim report in terms of the EMEA (on the information and documentation obtained during the investigation this far)," Gcaleka says.

"This is because the investigation team is still in the process of establishing the legitimacy of the allegations raised in the complaint. The premature release of a report could create the risk of undermining any findings ...

There are no exceptional circumstances warranting Public Protector Busisiwe Mkhwebane's relief sought in the Western Cape High Court to uphold the court's invalidation of her suspension by President Cyril Ramaphosa, his lawyer argues.

Hours after the court handed down its judgment overturning Mkhwebane's suspension, the Democratic Alliance (DA) lodged a notice to appeal directly to the Constitutional Court, putting Mkhwebane's return to her office on ice.

On Saturday, Mkhwebane filed an urgent application aimed at ensuring that she returns to her position, seeking a ruling from the Western Cape High Court that her suspension is "... declared to be operational and executable. pending any application for leave to appeal and/or appeal".

Mkhwebane contended that the delays, not only to the Phala Phala investigation but also to the office's other work, would be "... quite serious and clearly irreversible" if she was not able to return to work.

She wanted to return to her office to tackle, among other things, "...the most urgent issue of the Phala Phala investigation".

In a responding affidavit on behalf of Ramaphosa filed on Wednesday, State attorney Mark Owen argued there are no exceptional circumstances, "and she has shown none" why the High Court should grant her request.

"Adv Mkhwebane cannot show on a balance of probabilities that she will suffer irreparable harm if the court does not so order."

Owen also took issue with Mkhwebane not asking the Constitutional Court to confirm Friday's ruling, as the order relates to the conduct of the president.

"Adv Mkhwebane has not sought confirmation of the Full Court order. Such relief could and should have been sought on an urgent basis if she intends to rely on the relief granted by the Full Court as a matter of urgency," argued Owen.

Owen pointed out that the only basis on which the court invalidated Mkhwebane's suspension was because they found a "reasonable apprehension of bias and a conflict of interest" related to her Phala Phala investigation.

"Adv Mkhwebane has never challenged the reasons for her suspension, and the Full Court did not find substantive shortcomings with the reasons for the suspension."

According to Owen, this undermines Mkhwebane's case. In an accompanying affidavit, Ramaphosa's attorney Peter Harris states that there had been "a number of interactions" with acting Public Protector Kholeka Gcaleka on the Phala Phala investigation, saying Ramaphosa was cooperating with the investigation and intended to continue doing so.

On Tuesday, Ramaphosa applied for leave to appeal the High Court ruling in the Constitutional Court.

Like the DA, Ramaphosa argues the full Bench order that Ramaphosa's suspension of Mkhwebane was invalid and needs to be confirmed by the apex court to become effective. But, if this is not the case, the president is bringing a conditional application for leave to appeal the ruling directly to the Constitutional Court.

If the Constitutional Court didn't grant the conditional leave to appeal, Ramaphosa would turn to the Supreme Court of Appeal (SCA).

Ramaphosa's lawyers also argued that there is no evidence that Mkhwebane's suspension had anything to do with Phala Phala.

The full bench's ruling that the Public Protector was improperly suspended was based on the fact that Ramaphosa suspended Mkhwebane while he was engulfed in a scandal around a February 2020 burglary at his Limpopo game farm, Phala Phala.

The Phala Phala scandal erupted days before Ramaphosa suspended Mkhwebane.

On 1 June, Arthur Fraser, former director-general of the State Security Agency and former correctional services commissioner, opened a kidnapping and money laundering case against Ramaphosa, Presidential Protection Unit head Major General Wally Rhoode, and Crime Intelligence members for allegedly concealing the break-in.

According to Fraser's affidavit, Ramaphosa had at least US$4-million in cash stashed in a couch at his game farm – and then played a part in a cover-up fo...

Former Auditor-General and head of investigations for the State capture inquiry Terence Nombembe on Wednesday pointed out that greed is why South Africa is unable to have a decent State.

Nombembe was speaking during a conferenc on State capture hosted by the Public Affairs Research Institute and the Council for the Advancement of the Constitution. The conference was initially scheduled to take place earlier in the year, however, owing to the extensions granted to the Commission to submit its final report, the conference was postponed.

Nombembe said greed was the primary cause for respected individuals or organisations being involved in fraud and corruption scandals.

“And I don’t think we have to be apologetic about that, greed is what is actually consuming and imploding our ability to have a decent State in South Africa. I think we should be very direct - unless we can get rid of greed we will not be able to reverse the tide. That is the animal, that is the enemy we have got to defeat,” he stated.

He said in the context of State capture, people were not looking for food, but rather for wealth and power because of greed.

He warned that South Africa had leadership that was supposed to prevent management themselves overriding the controls.

He said during State capture there was a breach of the code of professional conduct by some people in leadership positions, in assurance roles, in the civil service and even in law enforcement agencies, as well as business.

“It’s basically breach over breach by everyone that supposed to be a trusted player in the system, all because of greed. Not to mention the excessive use of cash and other means to actually make sure that people look the other way, taking bribes and kickbacks,” he said.

Harmful means were used to victimise those that pushed back and tried to expose wrongdoing, he noted.

Nombembe said there was no denial that many of the Commission’s recommendations required further investigation, particularly by the law enforcement agencies.

He said in his view the things that were found by the State Capture Commission were still happening today.

CONSISTENCY AND PUBLIC VISIBILITY

Meanwhile, he said there was consistency and fairness in the manner in which the State Capture Commission operated.

He said the continuous public visibility of processes at the Commission was important.

He explained that the agility of the delivery team, working using less traditional and tried-and-tested methods, was a hallmark of the success of the processes, and stressed that without agility there would have been multiple conflicts, delays and unnecessary arguments.

He said it was important for the delivery team to work in such a manner that would ensure that there was flexibility and agility aligned to the chairperson’s priorities.

He said the issue of integrity and ethical culture was something that could also not be taken for granted or compromised and that it had to be the inherent cornerstone of the whole delivery team.

The Joint Standing Committee on Intelligence (JSCI) found "no independently verifiable information" to support allegations that Deputy Minister in the Presidency responsible for State Security Zizi Kodwa used funds from the police's Crime Intelligence secret services account with regards to the Phala Phala saga.

The JSCI, which meets in secret, submitted its report on the investigation into allegations arising from the Phala Phala matter to the National Assembly for consideration on Tuesday.

The saga exploded into the public consciousness when Arthur Fraser, former director-general of the State Security Agency and former correctional services commissioner, opened a kidnapping and money laundering case against President Cyril Ramaphosa for allegedly concealing a break-in at the president's Phala Phala farm in Limpopo.

Fraser also laid similar charges against Presidential Protection Unit head Major General Wally Rhoode and Crime Intelligence members.

According to an affidavit by Fraser, Ramaphosa had at least US$4-million in cash stashed in a couch at his game farm – and then played a part in a cover-up following an allegedly illegal investigation into the theft of money.

On 5 August, amid pressure from opposition parties on Parliament to do its job, National Assembly Speaker Nosiviwe Mapisa-Nqakula requested the JSCI to investigate specific allegations arising from the Phala Phala theft.

These were:

That Kodwa knew about the Phala Phala robbery and opted to keep it a state secret rather than reporting it to appropriate authorities;

That Kodwa accompanied Rhoode during secret interactions between the South African and Namibian authorities;

That a secret Crime Intelligence fund was used to finance the undercover operations, which traced the thieves, with the goal of recovering the stolen money; and

That almost R2-million a month from this fund was spent to send an elite special task force to guard Ramaphosa's private game farm, which would be a flagrant misuse of taxpayers' money if true.

According to a statement by JSCI chairperson and African National Congress MP Jerome Maake, the "JSCI ensured that the matter was handled with the appropriate urgency, given its importance and the associated public interest".

According to Maake's statement, Kodwa denied having prior knowledge of the alleged matter and all allegations against him.

National police commissioner Fannie Masemola "stated that no funds from the South African Police Service Crime Intelligence (SAPS-CI) Secret Services Account were utilised in relation to the theft at the Phala Phala game farm".

The statement read, "The committee found that there was no independently verifiable information to support the allegations against Hon NG Kodwa and the use of funds from the Secret Services Account of SAPS-CI."

"Whilst this matter was considered in line with the relevant legal framework, however, it does not have any bearing on any other organ of state currently engaged with the same matter. The JSCI's findings should not be construed as an endorsement or exoneration of any of the affected parties in the Phala Phala game farm theft," Maake said.

The Democratic Alliance (DA) was unimpressed.

"The committee's assertion that they did not have enough evidence before them to continue with the investigation proves exactly why the establishment of an ad hoc committee into this matter was crucial and should be urgently established," said DA chief whip Siviwe Gwarube in a statement.

In June, DA leader John Steenhuisen asked Mapisa-Nqakula to establish an ad hoc committee to investigate the Phala Phala matter. She dismissed it because other agencies were still investigating the matter. Another reason was that the JSCI would investigate the matter.

According to Gwarube, that is exactly why an ad hoc committee is needed.

"We need to ensure that this scandal is covered on all levels, and all state institutions are investigated. An ad hoc committee into this matter would be able to obtain t...

There will be no extraordinary sitting of the Johannesburg council on Tuesday, after Gauteng High Court Judge Gcina Malindi ruled that chair of chairs, councillor Colleen Makhubele, was not acting speaker and thus could not call the meeting.

In a ruling late on Monday night, Malindi declared the meeting invalid and ordered Makhubele to pay the costs of the court application.

Makhubele, who had appointed herself speaker last week, scheduled a special sitting outside of the ordinary sitting set to take place at the end of the month.

The special sitting was to elect a speaker after Vasco da Gama was ousted at the beginning of the month in a motion of no confidence.

Parties within the multi-government coalition had expressed their intention of calling for a motion of no confidence in City of Johannesburg Mayor Mpho Phalatse. The motion was expected to take place at the next sitting of the council.

If the judge had ruled in favour of Makhubele, the motion of no confidence would likely have occurred.

In a statement on Tuesday following the court ruling, Phalatse said that while it was never desirable to ventilate these matters in court, "we had no choice but to approach the courts to rule on this matter, as common sense and a commitment to democratic process did not prevail".

She condemned Makhubele's actions, which she said only sought to "create confusion in the minds of residents and undermine the laws of the country and the Rules of Council, all in an effort to grab power at all costs".

"Now that the court has pronounced on what was clear to many of us, we appeal to our political opponents to cease and desist from destructive and self-serving political games.Now that this chapter is closed, we will await notice from the acting city manager Mr Bryne Maduka for a sitting of council to duly elect a speaker. Equally, in the interim, this will give the acting secretary to council Madimetsa Molekwa the space and time to run the day-to-day administrative and operational functions of the City's legislature," she said.

She said while the City could not get back the time it had lost in court, "we can find solace in the fact that the monies spent fighting an attempted coup of corruption will be returned to the City's coffers . and they will be directed towards their rightful function – the delivery of services".

Makhubele broke rank with her political party Cope when she voted to oust Da Gama. She is the only Cope representative in the coalition. An internal investigation into the matter by the party is under way.

"The idea is to buy time and delay the meeting. That's why the city manager has not called for a meeting to sit [but they can call for a sitting within] 72 hours," Makhubele told Radio 702 last week.

Cope distanced itself from her actions and apologised to its voters.

In court, Makhubele relied on Rule 19 A, which states that if the speaker is unable to do their duties, it falls to the chair of chairs to take over the role.

But the city manager successfully argued for Act 41 of the Local Government: Municipal Structures Act, which states that if the speaker of a municipal council is absent or not available to perform the functions of the speaker, or during a vacancy, the council must elect another councillor to act as speaker.

Public Protector Busisiwe Mkhwebane's advocate, Dali Mpofu SC, threatened the chairperson of the Section 194 Inquiry, African National Congress (ANC) MP Qubudile Dyantyi, and several MPs asked that he be investigated for it.

In terms of the Powers, Privileges and Immunities of Parliament and Provincial Legislatures Act - commonly referred to as the Powers and Privileges Act - it is illegal to threaten an MP in the performance of their functions, and it could carry a prison sentence of up to three years.

On Tuesday morning, Mpofu asked for a postponement to work on the litigation following the Western Cape High Court ruling which overturned President Cyril Ramaphosa's suspension of Mkhwebane. The Democratic Alliance (DA) subsequently appealed to the Constitutional Court, and Mkhwebane applied to the High Court to uphold its ruling while this case was underway.

Ramaphosa, acting Public Protector Kholeka Gcaleka, the African Transformation Movement (ATM), the United Democratic Movement (UDM) and the Pan Africanist Congress of Azania subsequently joined the latter matter, and according to Mpofu, there has been a "flurry" of court papers that he needed to respond to, and he couldn't prepare for the cross-examination of witness Nelisiwe Thejane.

Furthermore, he said Mkhwebane was sick and at her doctor and couldn't attend the proceedings.

As he has done throughout proceedings, Mpofu interrupted and spoke over Dyantyi, and Dyantyi eventually asked that he be muted.

In one exchange, Mpofu said: "You are not entitled to abuse me like you are abusing me. I'm senior to you in many ways, not just in age, but in many ways. You know it. So, you have no right to abuse me. But fine, you have the power now, you can exercise it, but you'll pay one day, ja."

Dyantyi, smiling, said: "Are you threatening me now?"

To which Mpofu responded: "Ja."

Dyantyi asked him to conclude, and Mpofu said: "Actually, it is not a threat. It is a promise."

DA deputy chief whip Annelie Lotriet said she was extremely concerned about what Mpofu had said to Dyantyi as, in terms of the Powers and Privileges Act, no MP may be threatened when conducting their duties. Freedom Front Plus chief whip Corné Mulder agreed.

ANC MP Violet Siwela said she was a "little bit disappointed" and suggested that Dyanyti looked into it in terms of the Powers and Privileges Act.

ANC deputy chief whip Doris Dlakude also agreed with Lotriet and Mulder.

"What we are pleading for is that there should be no threats to anyone," said Dlakude.

Mpofu was backed up by ATM leader Vuyolwethu Zungula, UDM leader Bantu Holomisa, and Economic Freedom Fighters MP Omphile Maotwe.

Dyantyi denied Mpofu's request, saying he could continue with his cross-examination on 21 September, but the MPs will continue to ask questions of the witness.

This led to another monologue by Mpofu, and when Dyantyi tried to proceed, he once again spoke over him.

Mpofu was once supported by Maotwe, Zungula and Holomisa. The latter suggested that Mpofu should challenge it in court.

Section 8 of the Powers, Privileges and Immunities of Parliament and Provincial Legislatures states:

8. (1) A person may not by fraud, intimidation, force, insult or threat of any kind, or by the offer or promise of any inducement or benefit of any kind, or by any other improper means

(a) influence a member in the performance of the member's functions as a member;

(b) induce a member to be absent from Parliament or a House or committee; or

(c) attempt to compel a member to declare himself or herself in favour of or against anything pending before or proposed or expected to be submitted to Parliament or a House or committee.

Section 27 (1) of the Act further states: "A person, including a member, who contravenes Section 7 or 8 (1) commits an offence and is liable to a fine or to imprisonment for a period not exceeding three years or to both the fine and the imprisonment."

President Cyril Ramaphosa's lawyers have told the Constitutional Court there is "no evidence" to back up a High Court finding that he suspended Public Protector Busisiwe Mkhwebane because she was investigating him over the Phala Phala break-in.

"On the contrary, the process giving rise to advocate Mkhwebane's suspension had commenced on 18 March 2022, months before the events of 7 June 2022 [when Mkhwebane sent Ramaphosa 31 questions about the break-in]," assistant State Attorney Mark Owen stated in court papers.

On Friday, Western Cape High Court Judges Lister Nuku, Matthew Francis and James Lekhuleni ruled that Ramaphosa's decision to suspend Mkhwebane – after she sent him questions about the break-in at his Phala Phala farm in Limpopo – was invalid and "improper".

The judges based that finding on, among other things, the fact that Ramaphosa had suspended Mkhwebane the day after she publicly announced her Phala Phala investigation.

Ramaphosa is now seeking to appeal that ruling, with his lawyers arguing that he has "good prospects of success".

Both the president and the Democratic Alliance argue that the full bench order that Ramaphosa's suspension of Mkhwebane was invalid, needs to be confirmed by the apex court to become effective. But, in the event that this is not the case, Ramaphosa is bringing a conditional application for leave to appeal the ruling directly to the Constitutional Court.

In court papers, Owen stated that, should the conditional leave to appeal application be denied, "the President intends to pursue the appeal in the [Supreme Court of Appeal]".

"This matter is urgent, given the Full Court's finding that the suspension is unlawful," Owen said in his argument for why the Constitutional Court should hear the case.

"As the High Court correctly stated, this places this matter among those matters which may impact upon the rule of law, and which may have a detrimental impact on the public purse. The issues raised in this matter are weighty and raise issues of great importance to our constitutional jurisprudence," Owen added.

If Ramaphosa was required to seek to challenge the decision through the High Court, the Supreme Court of Appeal and ultimately the Constitutional Court, "it would result in considerable and unnecessary further delays", Owen said.

The full bench's ruling that the Public Protector was improperly suspended was based on the fact that, in the days leading up to his suspension of Mkhwebane, Ramaphosa would himself be consumed by the ongoing controversy over a February 2020 burglary at his Phala Phala game farm.

Owen, however, argued that there "was no evidence that the [Phala Phala] investigative process at the office of the Public Protector would be delayed on account of advocate Mkhwebane's suspension" as the Deputy Public Protector would take over from her. Owen added that there was "uncontested evidence" that Ramaphosa was "co-operating fully in the investigation".

The Phala Phala scandal imploded days before Ramaphosa suspended Mkhwebane.

On 1 June, Arthur Fraser, former director-general at the State Security Agency and former correctional services commissioner, opened a kidnapping and money laundering case against Ramaphosa, Presidential Protection Unit head Major General Wally Rhoode, and Crime Intelligence members for allegedly concealing the break-in.

According to Fraser's affidavit, Ramaphosa had at least US$4-million in cash stashed in a couch at his game farm – and then played a part in a cover-up following an allegedly illegal investigation into the matter.

Mkhwebane's earlier findings that Ramaphosa's CR17 campaign for the ANC presidency was implicated in money laundering and state capture were invalidated by the courts.

Suspension

She had informed the president on 7 June that she was investigating him over Phala Phala. She also asked him to answer 31 questions about the break-in.

Two days before she was suspended, Mkhwebane sent Ramaphosa the 31 questions.

While the High Court a...

Four different spokespersons in the Office of the Premier in KwaZulu-Natal cannot say what the work status of criminally charged director-general Nonhlanhla Mkhize presently is.

Last week, News24 contacted four spokespersons in the Office of the Premier where Mkhize works. A week later, however, no responses have been forthcoming.

Despite promises to respond to News24's simple question, "Is Mkhize back at work?", none of the spokespersons were able to say if she was back in her offices in Pietermaritzburg.

Shortly after her release from jail, where she spent three nights, Mkhize, one of the highest ranked public officials in the province, has gone to ground.

The Office of the Premier, now led by Nomusa Dube-Ncube, has also been silent following Mkhize's arrest.

While Dube-Ncube made bold promises to be more open with the public when she took up her position as KwaZulu-Natal premier, her office has been terse when speaking publicly about Mkhize.

Dube-Ncube's office said, "We have received enquiries from the media regarding the arrest of Director General Dr Nonhlanhla Mkhize in the Office of the Premier in KZN. Respectfully, at this stage, the Office of the Premier is not in a position to make any comment on the matter as it is in the hands of law enforcement authorities."

Accusations against Mkhize

Mkhize appeared in the Durban Specialised Commercial Crimes Court in the last week of August, along with three co-accused - Siphiwe Mabaso, Sthembelo Ralph Mhlanga, and Mthokozisi Pius Duze - in connection with the 2018 Mhlathuze Water procurement project.

They all face charges of intimidation, obstructing the course of justice, and fraud after internal auditors at Mhlathuze Water uncovered illegal procurement amounting to R37-million.

Mkhize was later released on bail and KwaZulu-Natal National Prosecuting Authority (NPA) spokesperson Natasha Ramkisson-Kara said the court had it as she had played a "minimal role" in the fraud.

Ramkisson-Kara said the municipality was required to appoint legal service providers for a three-year contract.

Duze, the suspended Mhlathuze Water CEO, and suspended Mhlathuze Water CFO Babongile Mnyandu, allegedly colluded to give Mhlanga, Thabiso Khumalo, and Mhlanga's company an unfair advantage to score the tender.

Khumalo and Mnyandu were also arrested and charged with fraud and corruption. Mnyandu was released on R60 000 bail, while Khumalo got R6 000 bail.

Mkhize and her co-accused will return to court on 6 December.

President Cyril Ramaphosa stressed on Monday that government continues its work to fulfil the basic rights of every South African to ensure quality lives free of disease, hunger and deprivation as the country marks 45 years since anti-apartheid activist Steve Biko died in police custody.

In his weekly letter to the nation Ramaphosa wrote that policies implemented by successive democratic administrations had tried to salvage the lost dignity of South Africa’s majority by providing education, health care, housing and basic services.

September 12 marks 45 years since Biko’s death in police custody, in Pretoria Central Prison.

“Human dignity, the principle at the heart of his black consciousness activism, was denied him. In the words of the family lawyer Sir Sydney Kentridge, his was ‘a miserable and lonely death on a mat on a stone floor in a prison cell’,” said Ramaphosa.

He said it was sad that Biko was just 30 years old when he died - “cut down in his prime” by those who feared his ideas of self-liberation and his efforts to infuse pride and dignity into black men and women.

Ramaphosa pointed out that 28 years into the country’s democracy, South Africa was confronted with poverty, unemployment and inequality, which was often disheartening to citizens who then lose sight of how far they have come in giving effect to the principles on which the country’s Constitution is founded and that anchored Biko’s thought and teachings.

“In South Africa today, a decent education is a fundamental right. The State invests in early childhood development, in supporting learning outcomes for our youngest citizens, and provides social relief through school feeding programmes to ensure young learners achieve the best outcomes possible,”Ramaphosa said.

Through the National Student Financial Aid Scheme and various other forms of State support, thousands of young South Africans from poor backgrounds have been able to become doctors, lawyers, teachers, scientists, artisans and entrepreneurs.

The government supported poor and vulnerable citizens through an extensive social safety net and provided work opportunities through mass public employment programmes, Ramaphosa said.

“In South Africa today, young people of the same age as Steve Biko was and even younger are at the forefront of activism for causes closest to them, and they are able to organise free of harassment or banishment. Freedom of speech and association, the right to protest and the right to equality before the law is upheld for all,” he noted.

Ramaphosa said the country had come a long way towards the fulfilment of human dignity, but he acknowledged that citizens still have much further to go.

He said without a job, a house, electricity or running water, land, skills or opportunities, millions of South Africans were still deprived of the lives they sought and deserved.

He said that this was the reason why government was working with social partners to build an inclusive economy, create employment, enable businesses to thrive and tackle poverty and hunger.