Our small part in Selebi’s downfall

By Stefaans Brümmer

I take no pleasure in seeing a man go down, stripped of his dignity, exposed for his lies. That sense is more acute in the case of Jackie Selebi, convicted of corruption on Friday. For Selebi’s story is in many ways a parable of our democracy: it is a story of struggle, of hope, promise and new beginnings, but also one of compromise with the worst of the past and of dreams betrayed.

I don’t know whether Selebi, when he earned his first conviction as a relative youngster — of malicious damage to property around the time of the 1976 Soweto uprising — was a principled fighter against apartheid or just a hustler swept up in the spirit of his times. What I do know is that he went on to pay his dues in the exiled movement and that post-democracy he is said to have played an invaluable part in getting the department of foreign affairs, which he eventually headed, back onto even keel.

What the world now knows is that between 2000 and 2008, critical years as organised crime consolidated its penetration of the South African polity, Selebi as police chief was no more than a hustler, supping with some of the very people he was supposed to combat. For some suits, shoes and small change he betrayed the struggle for the success of our democracy.

And so my tears for the man and for our country are tempered by the realisation that what had to be done has been done to get the man removed from his post and for justice to be served. In this tale too there have been heroes and villains.

The villains are those who struggled so hard, in spite of damning evidence, to prevent justice being served. Chief among them must be former president Thabo Mbeki, who instigated a mini-constitutional crisis in 2007 by suspending prosecutions boss Vusi Pikoli to avert Selebi’s arrest, and who subsequently allowed — perhaps even tasked — his intelligence services to try and rescue Selebi by procuring a contradictory affidavit from Glenn Agliotti, the chief prosecution witness. Those were attempts to defeat the ends of justice, rightly condemned by Judge Meyer Joffe in his judgment on Friday.

Other villains include Selebi’s deputy commissioner, André Pruis, police intelligence boss Mulangi Mphego and others who fought dirty when it came to protecting their chief. One can only hope that they were motivated by a misplaced sense of loyalty rather than their own collusion with the crime network that had ensnared Selebi.

The heroes include Gerrie Nel and Andrew Leask, respectively the chief prosecutor and investigator in the Selebi matter — although one’s estimation of them needs to be tempered with a sense of their many failures. These notably include the easy indemnities granted to an assortment of crooks and killers ranging from Agliotti to Clinton Nassif, Mickey Schultz, Faizel Smith and Nigel McGurk, and the failure to dismantle the larger crime networks associated with them.

And then there was Paul O’Sullivan, the self-appointed crime buster who through his information networks fed both official investigators and the media important tip-offs and more. Notably, he brought Nel and Leask a major drug-bust on a platter, in which both Agliotti and Nassif later pleaded guilty. This must have counted as the single largest success in the domino strategy of knocking over subsidiary players until Selebi himself was in reach.

And finally there was the media, with members of the M&G investigative unit, now the nucleus of amaBhungane, and Nic Dawes, now editor of the M&G, at the forefront. For us it has been a long haul, tinged at times with self-doubt (as any journalist should have, the more so when the stakes are high), and more than often with doubt from colleagues and the public as our exposés appeared for so long not to be matched by official action against Selebi.

Light relief was provided by police intelligence’s bungled attempts to “expose” my colleague Sam Sole and I as drug users/peddlers. I can still picture small-time spook Fox’s triumphal expression when he repeated into his collar the name of the drug I had just confessed to taking. I can only imagine the disappointment at police headquarters when his “secret” recording was replayed and the assembled brass realised that I had referred to no more than a common remedy for a common cold.

Ultimately, we played our own small part in Selebi’s downfall. Had we not kept up our pressure the balance of state forces may well have tipped the other way.

The media in turn relies on others to provide it with information. In that respect we had many heroes of our own. O’Sullivan was an important one. His role is known as he has chosen to go public with it. There are others who will probably choose to keep their silence forever.

Our unsung heroes include a man who anonymously emailed us salivating instalments from near the heart of the criminal network. He shook like a rake, overwhelmed by his own experiences, when we finally met him.

Then there was the man we dubbed “Mafia” — and who was well-linked to it. His updates from a safe phone were invaluable. Yet others included a well-placed moneyman, a well-connected businessperson, a strategically placed employee and a private investigator. And yes, there was that blonde too, but saying more about her may be saying too much.

Heroes big and small supplied pieces of the puzzle, parts of which were put together by investigators and by the media, and parts of which ultimately served before a court of law. It was this flow of information which brought Selebi down, and which served our young democracy so well.

32 Responses to “Our small part in Selebi’s downfall”

  1. Muzi #

    Well done to all involved, may we see more crooks fall. It’s amazing how quite the Mbeki sympathisers have been since the conviction.

    July 6, 2010 at 2:09 pm
  2. Tony #

    A superb example of a sensational story not over sensationalised but reported on in cold detail with facts.

    The verdict defines vindication.

    Now the story continues with the inevitable appeal.

    Isn’t there a book deal in all this?

    July 6, 2010 at 3:21 pm
  3. Spaghetti #

    I must believe that in the first rank among the heroes was one Vusi Pikoli. You neglect to mention him.

    July 6, 2010 at 3:30 pm
  4. Frank Nnete #

    The trouble with your piece-besides your tasteless self back-patting, Stefaans; is that you finally admit that yours was a narrative with good vs bad guys.

    I know no details outside of what i read in the papers but it seems to me the case was already tainted by all involved having vested interests.

    1. The prosecution being led by Gerrie Nel; a man who-true or not-was part of the battle between state institutions, effectively leading the charge on behalf of the DSO. Isn’t this as tasteless a prospect as a police commissioner using the outfit he’s charged to lead as a personal fiefdom?

    2. Paul O’Sullivan; a man conducting personal investigations on his enemies and these forming the bases for prosecution. Has anyone asked what O’Sullivan stands to gain-isn’t he a self confessed (former) operative of British intelligence?

    3. Oh, the M&G consorting with colourful characters of dubiouos distinction. Then picking and choosing who the villain and good guys are. Isn’t it interesting that all the guys who’ve confessed to murdering Brett Kebble, laundering millions and peddling hundreds of millions worth of drugs are still walking the streets and their empires intact in the interests of netting a ‘big fish’?

    So, Amabhungane, Stefaans; you’ve struck a blow to your accuser certainly. But served our young democracy well? doubt it..

    July 6, 2010 at 4:06 pm
  5. X Cepting #

    Well done! and thank you.
    It makes one almost believe in the process of justice again, almost… Now, let’s see how long the sentence lasts before he is free again.
    Agliotti displayed open disdain for our judicial system in court, Interpol, I see is looking for 4 international criminals, 2 South Africans and the other 2 also thought to be hiding in South Africa. Has South Africa become the criminal safe-haven of the world? This is when one starts wondering whether Selebi was not just a peace offering to the South African public, to still our cynical thoughts on an apparent lack of, or a very selective justice system.

    July 6, 2010 at 4:22 pm
  6. John #

    Without the M&G, nothing would have happened. – THANKS!!!

    Your articles are a cornerstone of what remains of our crumbling constitution. – THANKS!!!

    Yet isn’t it amazing how people are quick to discount and criticise your amazing achievements. A dishonest fraudster should not become Chief of police, let alone be protected by the President. Provided it is done legally, however he falls is justifiable. The same can be said for any other corrupt and fraudulent presidents and politicians there may still be in office pretending to serve the people of South Africa…

    What makes Selebi worse is that he gave state secrets to organised criminals, enemies of the state. This makes him a traitor of South Africa (can’t we hang him for this as they used to do in the old days? Stick his head on a pole outside parliament)

    The one thing you can be certain of is that, like Mobuto, Mugabe and Idi Amin, the truth about our corrupt government will come out. It always does eventually. History will speak no more kindly of the ANC liberation movement than it does of India’s despotic “Congress Party” rule for 49 years. (I doubt the ANC will survive another 34 years to challenge India, Too much is already failing).

    July 6, 2010 at 9:03 pm
  7. Horace #

    I rate Selebi as a simple fellow who probably would have made reasonable policeman at constable or sergeant level with the appropriate discipline and training. He was a cadre deployee with no skills or experience like thousands of others who was suckered by the likes of Agliotti but supported by Mbeki while wrecking SAPS. He made the fatal error or thinking he was infallible and corruptly pulled O’Sullivan’s company from ORT security. O’Sullivan turned into a human bulldog and Mbeki was deposed in an ANC coup. Guys like the author helped water the seeds of Selebi’s disaster.

    He’ll probably get a light or suspended senetnce and be out shortly, after spending most of his time, if any, in a hospital.

    Don’t wory Frank Nnete, we look after our political crooks in SA.

    July 7, 2010 at 6:30 am
  8. pap & wors #

    On the subject of indemnity from prosecution. Agliotti is not off the hook – yet. Indemnity is conditional. Testimony and disclosure by the witness must be complete, truthful and honest. In other words he needed to come clean and put all his cards on the table.

    According to judge Joffe, Agliotti’s testimony was full of holes and fabrications to suit his own agenda. The judge still has the discretion to grant or decline the indemnity at the end of the trial. Agliotti may still have to face the music in the Selebi saga. And that is completely separate from Kebble case.

    July 7, 2010 at 8:45 am
  9. Mike #

    @ Frank Nnete

    Would you prefer that this case and ones similar, never be investigated or reported on?

    I cannot understand your point, are you just so angry that yet another struggle icon is shown to have feet of clay?

    July 7, 2010 at 8:51 am
  10. Paul Whelan #

    Good story – well done to all concerned.

    We do not live in an ideal world and it is perhaps for completeness that the business of indemnities for criminals is mentioned.

    But better that one or two crooks get off lightly than a bent cop, who keeps more crooks like them at their trade, remains in his job.

    July 7, 2010 at 9:12 am
  11. X Cepting #

    @Frank Ntete – You ask what those like O’Sullivan stands to gain but fail (typically ANC-apologist style) to think of the most obvious price, one an increasing number of South Africans, especially the poorest, without this man’s intelligence skills are seeking: justice. Believe me, if I had the skills and resources to unearth the criminals, my name would be on the above list as well, which is why they have our gratitude and support. You ask why the local mafia still manage to run free and live the fat life? Well, why don’t you ask their friends in high places who get them out of jail, whenever the little justice we have left manage to put them there? One need solid evidence to justly convict a man. With a badly trained/equipped and hopelessly understaffed and demoralised police force, and a chief justice who is more loyal to the ANC than to justice, we have to put our hopes in people like the M&G and civilians with special skills like O’Sullivan, don’t we? Otherwise, we have no protection against the professional criminals, who finds our “justice” system a joke, which is why they are still free, or doing business as usual from five star suites in jail.

    I am so tired of fanatical ANC apologists. What will it take to remove the blinkers? Anarchy?

    July 7, 2010 at 9:20 am
  12. Derek james #

    Well done Mail and Guardian. I recall the old Rand Daily Mail under Lawrence Gandar with Benjamin Pogrund as the chief reporter, men who started in depth investigation. Then Allister Sparks and Raymond Louw, now your group of journalists. You indeed are the heroes as well as Vusi Pikoli and the others mentioned….you are entitled to blow your own vuvuzela….and please keep it up. You are the hope of millions of South Africans who know we were ruled by a bunch of corrupt and evil politicians, and now we ARE ruled by a bunch of corrupt and evil politicians….mainly of a different pigment….but inside no different!

    July 7, 2010 at 10:03 am
  13. This is inevitably one of the success stories as far as our young democracy is concerned,a job well done in deed,but also praises to Vusi Pikoli who im quite certain as some point in his persuit for justice must have thought that Selebi was invincible,thus his job was compromised in the process….in the end though,justice and the course to bring (CRIMINALS!!)to book subdued…..Let’s work more harder to uproot all the scoundrals like Selebi and destain our democracy…

    July 7, 2010 at 10:07 am
  14. Perplexed #

    The tide never stands still. The current ANC support base as sure as night follows day.. will crumble too ,just as it did with Mbeki…and then we will begin to see the first true sprouts of Law and Justice applied to all… irrespective of Ruling Party loyalty and Affiliations . Its maybe interesting to compare how “Progress” in the latter years of the Apartheid era..was seen by some,as the “dismantling of the Verwoedian Apartheid policies!” Likewise…the strengthening of the foundations and rules of our constitution and the growth and independance of our legal system (as seen by Selebi)…will,in days to come, be measure by the breakdown of the ANC and its rutheless cadre grip on all the institutions – that prevent a country and people from truely growing and moving forward. In a subtle way, the tide has already begun to turn.

    July 7, 2010 at 10:27 am
  15. MLH #

    Right! Business done. Who next?

    July 7, 2010 at 10:35 am
  16. Chris Potgieter #

    @ Frank Nnete:- Is it possible that you are saying that it was incorrect of parties 1,2 and 3 to pursue Jackie Selebi?

    Please also explain what is meant by your words ” But served our young democracy well? doubt it.” Certainly to me it is important that our young democracy starts to grow up and deliver the future that we all expected back in 1994.

    The experience to finally deliver is out their all our rulers hav to do is get them out of retirement and set them the goal that delivery to all the people is now law.

    July 7, 2010 at 10:55 am
  17. Bongo #

    Am not that convinced. As you say, the crime network still stands strong while only one man goes down. The crooks have been given amnesty, and only one man suffers from what has turned out to be a witchhunt. Where is justice there?

    July 7, 2010 at 11:28 am
  18. Marilyn Keegan #

    When commercial and ruling interests try and shut down inquiry by journalists, it is very heartening to see the gleam of investigative journalism – like the sun shining off the back of a dung beetle – is alive and well in South Africa. May amaBhungane grow from strength to strength and be adequately resourced by those in this country who want this to be a successful democracy. Funding ideas, anyone?

    July 7, 2010 at 12:30 pm
  19. Peter Joffe #

    Evil can only prosper if good men do nothing. Silence is like an abstained vote as it supports all that is wrong.
    I would hope that Selebi will decide to turn as a states witness and bring down all the others who have prospered though his corruption. Why should he rot alone when the disease probably goes into the highets places and involves others like him, that betrayed our nation and made the world say “what can you expect from an African country”? Selebi is the tip of an iceberg and we may never know what the other 7/10ths contain. After all most of Africa is corrupt so why not us?? In South Africa the corrupt are in control and usually dispose of the good guys before they can do an damage to our “corruptacy”.

    July 7, 2010 at 2:01 pm
  20. Piet Snot #

    Thank you for a brilliant article. For a different perspectiv on Jackie Selebi the man, ask any senior police officer with the rank of (then) director or Assistant Commissioner to tell you about the s0-called ‘Selebi trials’, held regularly in Pretoria a year or three ago. Ask them about how they were humiliated, some to the point of tears, by a bully who saw no other way than ‘his way’. I have seen no evidence of his alleged brilliant mind and negotiation/people skills, often referred to by people who ‘know’ him. J S is a bully, finish and klaar.

    July 7, 2010 at 5:44 pm
  21. A job well-done indeed!! Keep up the good work, M&G and keep going for more! There are still many “selebis” who remain too comfortably embedded into our institutions, public and private! This democracy needs independent media such the the M&G, the Sunday Times, The Sunday Independent, City Press and many others, without which many democracies in Africa and elsewhere have faltered!

    July 8, 2010 at 9:46 am
  22. Andrewb #

    I am surprised by Bongo and Franks criticism. Surely if the head of the police is corrupt then mafia style gangsters can do what they want. It is not ideal that the rest walk free – well lets see how the “assisted suicide” of Kebble works out in court. But the important thing was that the head of police was convicted of corruption- in how many other countries would the case have even gone to court? No longer can Anglioti do what he wants (including murder) knowing he has supreme protection

    The biggest casualty in this was the Scorpions. It is now almost impossible that any very senior person in the police will be investigated. This while we suspect the police to have corrupt people within it. And while many rise through the ranks honourably – power corrupts and absolute power corrupts absolutely.

    July 8, 2010 at 10:20 am
  23. mandla #

    When a blackman helps bring down another blackman, he is a HERO. I am yet to see a single white guy who would help bring down WOUTER BASSON with similar diligence and relentless effort and I am yet to hear any mention of the name of the judge who let him off the hook on technical grounds as being a Mbekyite bad guy.

    And I am yet to hear any evidence that MBEKI had any criminal involvement in Selebi’s saga with Aggliotti.

    You see Mbeki represents that horrible kind of human species, a blackman who THINKS and who does not see things through the tinted spectacles of the white guy… which in any normal society is fine and which even Stefaans Brummer enjoys because it would be really absurd if he were to touch base with black opinion before he writes anything.

    Selebi committed a crime and was found guilty. The whole thing gets unfair when the whole struggle and his role in it, gets disingeniously questioned as being flawed and suspect. Aggloitti brought about R100m worth of drugs, I wouldnt dare generalise ingeniously that all white South Africans or of Italian descent are therefore criminals.

    Stefaans has never openly said so but somehow I get the smell of something wrong with his thoughts on the struggle and Mbeki.

    July 8, 2010 at 11:57 am
  24. X Cepting #

    @mandla – Wow. Your assumptions are astonishing. What the bringing to book of criminals in government has to do with black or white or a struggle for freedom from facist oppression, I cannot see. Mbeki, as far as I am concerned, was not horrible, he simply erred in thinking that if you forget the people, they will keep remembering you. You make the assumption that thinking black people are not as respected or sought after company as any other thinking people and so you belittle the very real successes of black academics everywhere and also the very real admiration and respect that most thinking South Africans of other colour have for these black South Africans. Learn from Mbeki, how do you get support for your viewpoint from the majority when you do your best to insult them?

    July 8, 2010 at 3:24 pm
  25. Horace #

    mandla,

    Maybe a quick look at the racial make up of the panel that is trying to bring Wouter to book as a doctor would show your racism up as a lie.

    The old, old SA excuse. Are you Thabo Mbeki?

    July 9, 2010 at 7:20 am
  26. Mandla’s interpretation of Stefaans Brummer’s piece is indeed astonishing. What has this guy been smoking? X-Cepting is correct:Any leader who forgets the people mustn’t be surprised when they cease to remember him/her!

    July 9, 2010 at 8:58 am
  27. Frank Nnete #

    X Cepting et al,

    My point was that the M&G pushed a line based on a dossier provided by a man who-by his own admission-had a personal gripe with Selebi. M&G decided who was ‘good/bad’ based on this intitial dossier. Not one article from the M&G even suggested impropriety in the case being led by Nel-a man with personal issues against Selebi. When Ginwala was reported on, the M&G was silent (and even challenged Ginwala) on the sections of the report that criticised Pikoli. The narrative was clear; ANC political elite subvert justice and DSO crusaders fighting for justice.

    This is not unlike the case Robert Gumede brought to the Ombudsman’s office last year where the M&G was instructed to print an apology because they based their ‘expose’ on a dossier received from an aggrieved party. Even then, i was surprised to see Nick Dawes, despite printing the apology, coming back to challenge it in an op-ed piece below the apology. As a reader this communicated to me that Dawes & M&G by extension saw their investigative pieces as fait accompli’s rather than enquiries which needed to pass truth tests.

    July 9, 2010 at 10:42 am
  28. @Frank, the hero of this case was Vusi Pikoli who pushed to prosecute Selebi and the ANC led government treated him like dirt. The ANC led government would not hire Vusi back after Mbeki suspended him and used the tax payers money to settle him claim with the government. I am amazed that the government is allowing Agliotti to walk when he is the biggest criminal in SA. This case also shows how easy for the criminals to corrupt the justice system of SA the same way they do in Nigeria. I think Pikoli should be talking to someone in Hollywood to make a movie about this case because it could be a blockbuster.

    July 12, 2010 at 3:22 am
  29. Frank Nnete #

    Dear Fergie,

    The hero/villain narrative is too simplistic. By your own account; Agliotti shouldn’t have walked on the murder charge, and yet he did. Under Pikoli’s watch, might i add. Note that when its convenient; ‘the government is letting criminals walk’, when the narrative is challenged, prosecutors must be ‘independent’ of govt/executive. This is what this narrative has done, this is why i argue that the M&G has conflated rather than illuminated on this matter.

    July 13, 2010 at 10:15 am
  30. David #

    The sad thing is that the independent press in SA including folks like E-News’s Ben Said already had Selebi tried and found guilty before he even stepped into that dock.What about all the good things he did for SA and the fact that he was a first time offender.The punishment was far from commensuate with the nature of the crime especially given this man was a first offender Justice should be seen to prevail both from the eyes of the accused and the complainant.Not so with the free press where a politician is involved!

    September 6, 2010 at 12:44 pm
  31. Chris Potgieter #

    @ David,

    So are you saying, that even if I planned a crime I should not be harshly judged if I am first offender?

    Somehow the speculations of the press as to innocence or guilt must not change the laid down sentence for a crime.

    Mister Selebi was judged and sentenced according to the law of the land.

    September 7, 2010 at 10:53 am
  32. David #

    Chris

    Not by any means!I am in zim but while pleasantly surprised by the general state of SA democracy and the independence of its institutions ie on a comparative basis it still nevertheless bothered me that the media became the hangman and opposition policians would not have countenanced any verdict other than guilty.15 years in prison is no joke especially for someone at that level who was used to creature comforts et al.But more importantly he has as much right as you and I to go through the entire legal process.Recall Michael Jackson when he was being tried in a Santa Maria court on serious (or spurious) charges of child molestation and conspiracy to abduct his lawyers argued that in the face of such pervasive and wide spread media speculation he could not hope to get a free trial.

    September 7, 2010 at 3:59 pm

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