The Directorate for Priority Crime Investigation has dismissed reports that it is investigating acting SAPS National Commissioner Lt Gen Puleng Dimpane, confirming that a complaint against her was referred to IDAC because it relates to an existing probe.
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The Hawks have clarified that acting National police commissioner Lt-Gen Puleng Dimpane is not under investigation over alleged contraventions of the Public Finance Management Act (PFMA) linked to the controversial R360 million Medicare24 Tshwane contract.
Instead, the Directorate for Priority Crime Investigation (DPCI), also known as the Hawks, said a criminal complaint lodged by Public Interest SA has been referred to the Investigating Directorate Against Corruption (IDAC), which is already handling a related matter.
The clarification follows Public Interest SA's announcement that it had lodged a criminal complaint with the Hawks against Dimpane over alleged PFMA contraventions linked to the contract.
Hawks spokesperson Colonel Katlego Mogale confirmed that the DPCI is not investigating Dimpane.
"The DPCI confirms that it is not investigating the Acting National Commissioner."
She said the complaint received by the DPCI was linked to an existing matter already being handled by IDAC.
"In accordance with established procedures and to prevent duplication of investigations, the complaint submitted to the DPCI was referred to IDAC for further consideration and the complainant was informed accordingly."
Mogale stressed that referring the complaint did not amount to opening a criminal case or launching an investigation.
"The referral of the complaint does not constitute the registration of a criminal case or the initiation of a criminal investigation by the DPCI.
"It was merely referred to the IDAC because of the existing investigation.
"Any enquiries regarding the processing of the complaint should be directed to the IDAC," she said.
Last week, Public Interest SA alleged that Dimpane, who was SAPS chief financial officer (CFO) at the time, may have failed to fulfil her statutory financial management responsibilities after about R48 million was paid to the service provider before an internal review into procurement concerns had been completed.
The SAPS entered into the Medicare24 Tshwane agreement, valued at about R360 million, to provide employee medical health services.
The contract which was awarded to business tycoon Vusimuzi “Cat” Matlala, was later cancelled following investigations into alleged procurement irregularities.
Public Interest SA said its complaint was supported by documentary evidence, including Dimpane's sworn testimony before Parliament's ad hoc committee investigating allegations made by KwaZulu-Natal police commissioner Lt-Gen Nhlanhla Mkhwanazi.
During her appearance before the committee, Dimpane confirmed that, as SAPS CFO, she was responsible for oversight of financial management, internal controls, internal audit, risk management, audit committee matters and combined assurance processes.
According to Public Interest SA, Dimpane testified that she became aware of concerns about the Medicare24 Tshwane contract after suspended Police Minister Senzo Mchunu asked National Police Commissioner Gen Fannie Masemola, who has since been placed on precautionary suspension, to conduct an internal audit and risk management review.
The organisation said Dimpane was briefed by members of the review team while the audit was under way, but payments totalling about R48 million were processed before the review had been completed.
Public Interest SA said these circumstances formed the basis of its request for the Hawks to investigate possible PFMA violations, including provisions relating to financial management, delegated authority, internal controls, financial misconduct and criminal liability.
The organisation stressed that its complaint was not a finding of guilt and that it did not have the authority to determine whether criminal liability existed.
"This is not a decision taken lightly."
"Public Interest SA has neither the mandate nor the authority to determine criminal liability.
That responsibility rests exclusively with the South African Police Service, the National Prosecuting Authority (NPA) and, ultimately, our courts," the organisation said.
It said its role was to provide evidence to the relevant authorities where there were reasonable grounds to suspect that criminal offences may have been committed.
The complaint comes amid ongoing criminal proceedings related to the Medicare24 contract, in which 16 accused are currently standing trial.
They include 12 senior SAPS officers, Masemola, Matlala and others.
Public Interest SA questioned why Dimpane had not been charged despite serving as SAPS CFO during the period in question and having statutory responsibilities relating to financial management, internal controls and risk management.
The organisation said it was not seeking to interfere with the existing criminal proceedings or express any view on the guilt or innocence of those before the courts.
"Public Interest SA does not seek to interfere with those criminal proceedings, nor do we express any view regarding the guilt or innocence of any accused person currently before the courts," it said.
Public Interest SA said the complaint was intended to establish whether the role and responsibilities of the SAPS CFO at the time had received appropriate criminal scrutiny.
"Today's complaint requests the Hawks to determine whether there is sufficient evidence to establish criminal liability under the PFMA. It is not an attempt to duplicate the existing prosecution, but rather to address what appears to be a gap in accountability," the organisation said.
The organisation said it had asked the Hawks to register and prioritise the complaint and obtain relevant financial records, system authorisation logs, internal audit reports and any additional evidence needed to determine whether offences had been committed.
It said the matter was about protecting public financial management within one of the country's key constitutional institutions and ensuring that officials entrusted with public resources were held accountable.
"The greater the public office, the greater the responsibility. The greater the responsibility, the greater the accountability," the organisation said.
Public Interest SA said it would cooperate with any investigation and provide additional information should further evidence emerge.
"(The) complaint is therefore not about personalities. It is about ensuring that our public institutions operate with integrity, that public funds are protected, and that every public official is subject to the same legal standard," the organisation said.
Meanwhile, SAPS spokesperson Brigadier Athlenda Mathe rejected any suggestion that Dimpane had engaged in wrongdoing, saying a forensic investigation into the matter had not implicated her.
"The forensic investigation into the Medicare24 matter has not implicated Lieutenant General Puleng Dimpane in any wrongdoing whatsoever," Mathe said.
She said Dimpane had not served on any bid committees responsible for the procurement process and that supply chain management did not report to her.
Mathe added that SAPS procurement and payment processes were governed by established policies, with payment functions decentralised across the organisation.
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