Police Commissioner Riah Phiyega: Liar, fraud and bully
Committee
chairman Francois Beukman said it was clear the commissioner had been 'less
than frank'
Bianca Capazorio & Jan Jan Joubert
12 November 2015
Police
Commissioner, Riah Phiyega - PICTURE: Gallo images
Suspended
national police commissioner Riah Phiyega should be found guilty of misconduct,
perjury and fraud, a ministerial reference group appointed by Police Minister
Nathi Nhleko has recommended.
The
findings — which throw the book at Phiyega for misconduct regarding various
high-profile cases in which police management was involved — have been heavily
criticised by opposition parties because the audi alteram partem rule, which
should have given Phiyega the opportunity to state her case, was not followed.
Her
side of the story was not heard allegedly because of “non-co-operation”.
Among
recommendations made by the group are that Phiyega be:
*
Prosecuted for removal of two deputy commissioners of police without them being
consulted, and then summarily dismissing them;
*
Found guilty of fraud for backdating a performance agreement signed between her
and former acting national commissioner Nhlanhla Mkhwanazi claiming he had
performed well at work when he was, in fact, at home;
*
Found guilty of perjury for having lied to the court in the high-profile
Richard Mdluli case. The reference group found that Phiyega had lied to
parliament about the starting date of the Mdluli disciplinary matter and that
she obstructed its start. Mdluli has been at home on full pay for two years;
and;
*
Should have had neutral people investigate whether two high-ranking officers
had matric certificates. Phiyega instituted this investigation after the two
opened a case of defeating the ends of justice against her for tipping off
Western Cape police commissioner Arno Lamoer that he was to be investigated.
Nhleko
said the recommendations would be assessed by three separate teams. One would
consider the human resources issues, another the formulation of charges and
holding of a disciplinary inquiry, and the third would investigate matters of
wasteful expenditure.
They
would report separately to the presidential board of inquiry established in the
wake of the Farlam commission.
Phiyega
also now faces a second board of inquiry. This has been recommended by the
parliamentary committee on policing following its own investigation into
statements issued by the police board of commissioners.
The
release of a statement by the board in support of Phiyega in August was “timed
to put undue pressure on the president”, MPs said.
The
commissioners had told parliament the statement had been released to quell
disquiet in the ranks caused by negative media reports. But it was released in
the wake of the release of the Farlam commission report, which made direct
findings against Phiyega.
Committee
chairman Francois Beukman said it was clear the commissioners had been “less
than frank”.
His
committee has recommended a board of inquiry into the conduct of Phiyega, the
provincial commissioners and police spokesman Solomon Makgale, who drafted
statements.
Its
recommendations were supported by all political parties
Deputy Police Minister Maggie Sotyu
said the executive would “accept and deal with the recommendations of the
committee in our own way”.
