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ABC News
a day ago
- Politics
- ABC News
Victoria Police asked for tougher bail laws for arsonists, FOI documents show
The Victorian government has mostly sat on advice from police to make it tougher for accused arsonists to be released on bail amid Melbourne's ongoing tobacco wars, according to secret briefing notes. Documents obtained by the ABC through Freedom of Information laws reveal that earlier this year, the Allan government was asked to tighten bail rules to help Victoria Police directly target players allegedly responsible for scores of firebombings. But in the four months since the government received the advice, it ignored the majority of the police requests and removed the presumption of bail for only one arson-related offence, which requires a person's life to be endangered. That change is unlikely to have an impact on the majority of tobacco-related firebombings, which typically occur in the dead of night at empty shops. It comes as newly released figures from police revealed there have been eight tobacco-related arsons since the government's bail changes came into effect in March, including the firebombing of a victim's home that was so serious they were put into witness protection. Since then, police have arrested 23 people and charged six offenders with arson but four were granted bail — two by the courts and the other two by police. In a briefing note from February, Victoria Police urged the police minister to reclassify five serious arson-related offences in the Bail Act which would remove the presumption of bail. Those offences were: The changes would have forced alleged firebombers charged with serious arson offences to show a "compelling reason" for why they should be granted bail, whereas at the moment the courts presume they are entitled to bail. But despite agreeing to advocate for the changes months ago, the government removed the presumption of bail solely for criminal damage by fire with the intent to endanger life. A Victorian government spokeswoman defended the decision and said it was acting to "smoke out organised crime and crack down on the illicit tobacco trade". "We have listened to police and have already changed the Bail Act by elevating serious arson offences to Schedule 2, meaning anyone charged will be subject to a tougher bail test under our new laws," the government spokeswoman said. A Victoria Police spokeswoman said the force regularly gave advice to the government. "It is ultimately a matter for government on whether they take that advice and any queries relating to legislation should be directed to them," she said. Middle Eastern crime gangs have been behind 140 firebombings since the tobacco wars began in March 2023 as warring factions tried to seize control of Melbourne's illicit tobacco and vape market. In February this year one of the city's most notorious underworld figures, Sam Abdulrahim, was gunned down in an apartment block car park after a contract was put out on his life. Victoria Police has previously said it believed Kazem Hamad, a sworn enemy of Abdulrahim, is a key player in the tobacco wars who has orchestrated firebombings on his rivals or shop owners who refuse to pay exorbitant extortion fees. Hamad was deported to Iraq after serving eight years behind bars for drug trafficking. The tit-for-tat firebombings have dominated headlines, sucked up police resources and put pressure on the Victorian government to try and stem the tide of violent attacks. It prompted Victoria Police to make the bail recommendations which the force said constituted a "legislative gap". There is currently just one fire-related crime considered serious enough not to warrant the presumption of bail — arson causing death. "This results in offenders of other serious arson offences … not being required to show a compelling reason for why they should be granted bail," Victoria Police said in the secret briefing documents. "Victoria Police advises … it has also witnessed a continuing cycle of re-offending due to the time taken for matters to be brought before the courts and the high likelihood for suspects to receive bail following arson charges," the force said. According to police, there have been at least three occasions where alleged offenders have received bail after firebombing tobacco shops, among them a mid-level organised crime figure. In the documents released to the ABC police allege the man, who is accused of extortion, arson and blackmail, was bailed "despite evidence provided to the court which negated a defence to the charges and despite false assurances". The force said the changes would have a "preventative and deterrent" effect. "Victoria Police proposes these five additional offences be included … as a practical solution to the current issue of serious arson offenders receiving a presumption of bail regardless of their risk to the community," the force said. The force's concerns were noted and agreed to by Police Minister Anthony Carbines but were missing when the Victorian government overhauled the Bail Act after facing mounting pressure to address rising crime rates. The government's changes reclassified home invasions and carjackings as more serious offences and included tougher bail tests for serious child and adult offenders who commit a crime while already on bail for other offences.


Mail & Guardian
5 days ago
- Politics
- Mail & Guardian
Doubt on ANC leaders in KZN
In the dog box: Police Minister Senzo Mchunu, who comes from KwaZulu-Natal, has been put on 'special leave' by President Cyril Ramaphosa. Photo: Delwyn Verasamy The provincial police commissioner's allegations against the police minister and the higher education minister's Seta appointments have undermined their reputations This content is restricted to subscribers only . Join the M&G Community Our commitment at the Mail & Guardian is to ensure every reader enjoys the finest experience. Join the M&G community and support us in delivering in-depth news to you consistently. Subscription enables: - M&G community membership - independent journalism - access to all premium articles & features - a digital version of the weekly newspaper - invites to subscriber-only events - the opportunity to test new online features first Already a subscriber?


Mail & Guardian
7 days ago
- Politics
- Mail & Guardian
Special leave or velvet-glove suspension? A trend in the public sector
Police Minister Senzo Mchunu has been placed on 'special leave'. What does this mean in law? In recent weeks, South Africa has witnessed two high-profile figures, the minister of police and the chief executive of the Road Accident Fund (RAF), being placed on what is termed 'special leave'. Although cabinet ministers are not employees for the purposes of the Labour Relations Act, this raises the question of whether this concept of 'special leave' is just suspension dressed in a velvet glove or whether it carries a different meaning in law and in practice. This article does not analyse the legality of, nor provide commentary on the 'special leave' imposed on the police minister and the RAF chief executive. Instead, it attempts to locate the concept of 'special leave' within the realm of labour law in South Africa. Special leave v Suspension Suspension refers to a temporary removal of an employee from their duties. Suspension in South Africa is typically divided into two categories: precautionary suspension and punitive suspension. A precautionary suspension is usually imposed when an employer is conducting an internal investigation that may lead to disciplinary proceedings. The aim is to safeguard the interests of the organisation by ensuring that the employee does not interfere with the investigation or operations. A punitive suspension, by contrast, is a disciplinary measure taken against an employee found guilty of misconduct. It is less severe than dismissal but entails suspension without pay or benefits — the suspended employee does not receive a salary or benefits while away from work. 'Special leave', on the other hand, is not expressly provided for or defined in South African labour legislation. But it can be said that it is a form of leave granted by an employer to an employee, usually at the behest of the employee, and it can either be based on a policy or an employment contract. Like precautionary suspension and unlike punitive suspension, special leave is generally paid and the employee receives full benefits. But, without a clear definition in legislation or case law, the concept of special leave can be misconstrued and, in some instances, used as means to (indirectly) suspend employees. This was the case in Sibanyoni v Speaker of the City of Mbombela and Others . Here, the applicant, the chief financial officer of the City of Mbombela, approached the labour court on an urgent basis seeking to have the council's resolution to place her on 'special leave' declared unlawful and set aside. This followed a report accusing her of alleged misconduct and recommending that it be investigated. The court found that the special leave as contemplated in the regulations can only be granted at the behest of an employee and there is no such concept as 'forced special leave'. In reaching its decision, the court referred to other precedents, including Heyneke v Umhlatuze Municipality , where the court in dealing with the placement of a municipal manager on 'special leave' found: 'Special leave that is imposed on employees is effectively a suspension in the hope of subverting the residual unfair labour practice provisions of the Labour Relations Act No 66 of 1995 (LRA) and all the time and other constraints that accompany suspensions.' Likewise, in South African Municipal Workers Union obo Matola v Mbombela Local Municipality , it was held that what the respondent labelled as 'special leave' resolution was nothing but the suspension of the applicant in that case. In the end, the court in Sibanyoni found that the special leave imposed by an employer is essentially a euphemism for a precautionary suspension, to create an impression that the provisions were complied with. Whether the special leave is imposed for a prolonged period or short period is irrelevant, because it remains a suspension regardless. As a result, the court declared the resolution adopted by the council to place the chief financial officer on special leave unlawful, set it aside and ordered her reinstatement. While special leave and suspension are theoretically distinct principles, the growing use of special leave to suspend employees blurs the lines between the two. Accordingly, when an employer considers placing an employee on 'special leave', it must do so in a manner consistent with the employment contract or the workplace policy regulating such leave. Failure to do so may result in a finding that the special leave was, in fact, a suspension, and that the employer used the term to mask procedural unfairness and evade legal obligations. If the employer intends to suspend the employee, it should follow the legal prescripts governing suspensions to avoid exposure to unfair labour practice claims. Andile Mphale is a dispute resolution attorney at Lebea Inc Attorneys.


Bloomberg
15-07-2025
- Politics
- Bloomberg
South African President Names Mantashe Acting Police Minister
South Africa's president appointed Mineral and Petroleum Resources Minister Gwede Mantashe as acting police minister with immediate effect. Mantashe will temporarily assume the role until Firoz Cachalia, a university professor and former provincial minister of community safety in Gauteng, takes over at the start of August, President Cyril Ramaphosa said in a statement Tuesday. Cachalia is set to retire from his post at the University of the Witwatersrand at the end of the month.


Bloomberg
11-07-2025
- Politics
- Bloomberg
A Hardline Police Commissioner Wins Over Crime-Weary South Africans
Nhlanhla Mkhwanazi, a South African provincial police chief, wore combat fatigues and was flanked by eight masked and heavily armed officers as he accused a cabinet minister of interfering in a probe of political killings last week. 'I will die for this badge,' Mkhwanazi, police commissioner for KwaZulu-Natal province, said in a hour-long televised press conference during which he alleged Police Minister Senzo Mchunu was shielding killers from justice. A spokesman for Mchunu characterized the allegations as baseless.