Pretoria - National Police Commissioner Bheki Cele has come out fighting against those calling for his resignation, saying he has not been found guilty of any wrong doing by a court of law.
He has also disputed Public Protector Thuli Madonsela's findings that he was involved in improper, unlawful conduct, which amounted to maladministration, with regards to the procurement process of a controversial lease agreement for police headquarters in Pretoria.
Cele said this was a "factual and legal difference" with Madonsela and that he was being "advised on the matter".
In her report earlier this week, Madonsela rendered the R500 million lease invalid. She said the process that led to the conclusion by the Department of Public Works of the lease agreement with Roux Property Fund was flawed in various respects.
These flaws include non-compliance with prescribed procurement procedures, such as ensuring a competitive bidding process.
Addressing the "bold assertions" that the Public Protector had found him "guilty" of something, Cele said: "To my knowledge, only a court of law can find me guilty of anything."
He also challenged "assertions of corruption" that have been doing the rounds. "My response to this is: can the peddlers of this defamatory lie point me to where in the Public Protector's report is it stated that I am corrupt."
Cele hit out against those who were calling for his resignation, saying it was not one of the remedial actions suggested in Madonsela's final report and that his record spoke for itself.
He welcomed the findings that the lease was concluded by the Department of Public Works and not him, and that there was no improper relationship between himself and the preferred service provider, Roux Property Fund and SAPS.
He raised concerns about the investigation into the lease agreement, saying it had been "riddled with problems" which detracted from its fairness.
One such area of concern was the involvement of the Special Investigations Unit (SIU) in what he called a joint investigation. Cele raised questions about the impact of the SIU's involvement on the independence of the Public Protector.
In what he called another example of unfairness of the process, Cele said he was specifically asked by the Public Protector to be part of a formal investigative interview without his legal representative present.
He noted the findings made against him relating to his position as accounting officer but said the SAPS did not agree with the findings in which he had been personally criticised.
"I do not intend commenting on these at this stage, as the SAPS is obtaining legal advice in this regard."
In her report, Madonsela found that Cele breached sections of the Constitution, section 37 of the Public Finance Management Act and relevant Treasury Regulations.
Cele pointed out that is was the responsibility of the Department of Public Works to conclude leases and ensure there was compliance with the relevant provisions. "I do not see how the Public Protector made these findings against me on an issue which is not my responsibility," he said.
Dealing with the lease agreement, Cele said it was the Deputy National Commissioner: Supply Chain Management who had been tasked with procuring additional head office accommodation.
"I was not personally involved in the process, which I delegated to the appropriate official having experience and knowledge in the relation to property. I assumed there would be proper compliance with a proper procurement process," he added.
