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Chetty tells Parliament about law enforcement ‘abuse of power’

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By Johnathan Paoli

Corruption-accused Pretoria businessman Kishene Chetty on Thursday claimed he had been subjected to years of harassment by law enforcement officials who repeatedly arrested him using “recycled charges” and duplicated cases.

Appearing before Parliament’s ad hoc committee, which is investigating allegations of criminal infiltration of and political interference in the country’s justice system, Chetty said he wasn’t there to contest the merits of the cases he has been charged with, but to document “systemic abuse” by investigators and prosecutors.

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“I’m not here to prove my innocence. I’m here to show the abuse of power from IPID, the NPA, the SAPS and the judiciary. Because the case that was struck off the roll was recycled and baby cases were made [from it],” Chetty said.

He is facing criminal charges in a SAPS-linked PPE procurement case, including fraud, corruption, forgery and theft. The state alleges that proceeds from about R8 million in unlawfully awarded contracts to companies linked to him were used to pay legal fees benefiting SAPS members arrested in a separate corruption matter.

Chetty said he had been dragged through several criminal matters stemming from that single investigation, alleging that investigators and prosecutors split one major case into multiple smaller prosecutions in “an abuse of power”.

Responding to questions from evidence leader Advocate Norman Arendse, Chetty confirmed that he is currently one of dozens of accused in several related criminal cases, including the Silverton police procurement case opened in 2020 as well as other matters involving multiple accused.

According to Chetty, that original case was struck from the court roll before authorities allegedly extracted the same charges and evidence to create several new prosecutions – the aforementioned “baby cases”.

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“They used the same evidence and charges in baby cases from a case that was struck off the roll. So the cases I’m facing in these small cases are all charges and evidence from a case struck off the roll. That is the reason why I’m here,” he said.

Chetty further alleged that the same investigators, prosecutors and magistrate were involved in authorising several arrest warrants against him on the same day.

He told the committee that this pattern resulted in repeated arrests that he believes were designed to pressure or intimidate him, describing one instance where officers allegedly executed arrest warrants on separate occasions despite them being authorised simultaneously.

Chetty told the committee that he had opened a complaint against several officials with the Independent Police Investigative Directorate (IPID), but claimed the matter had stalled for years.

He said the complaint, which dates back to 2022, was initially declined for prosecution by the Director of Public Prosecutions before unexpectedly being revived shortly before his appearance before the committee.

“Two days ago, I got a call from IPID stating the docket must be collected and warning statements must be taken — two days — knowing that I’m coming here now they want to go and collect warning statements,” Chetty said.

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In addition to the alleged conduct of investigators and prosecutors, Chetty claimed that court processes were also manipulated, alleging that accused persons were sometimes brought to court without being properly registered on the court roll.

Chetty said he had personally attempted to verify court records and summons documents, claiming some were irregular.

Arendse cautioned that many of Chetty’s complaints were already before courts and investigative bodies, including IPID, and may ultimately need to be resolved through legal proceedings.

DA MPs Glynnis Breytenbach and Dianne Kohler Barnard staged a walkout at the start of Chetty’s testimony.

Breytenbach warned that allowing him to testify about matters linked to ongoing cases could jeopardise his legal defence and potentially cause “serious damage” to his position in court.

Despite the walkout and concerns raised by some members about the legal risks involved, committee chairperson Soviet Lekganyane ruled that the hearing would continue, saying that witnesses testifying before Parliament are protected by parliamentary privilege.

The committee continues.

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