Fivaz also stated that complaints about the unit’s operations “running like a rogue unit, doing what they want”, prompted him to have an efficiency evaluation done.
Fivaz was called as a State witness in the civil trial in which top cop Andre Lincoln is suing the state for R15 million, alleging that he was maliciously prosecuted.
Fivaz confirmed that a letter from former president Nelson Mandela requested the formation of Pitu and that Lincoln was requested by the president to head up the unit.
However, Fivaz said: “There was no arrangement between Mandela and myself that we will be the command structure of the unit. It clearly stated that people report to me. The president was aware that he cannot be operational commander of a unit, the law does not allow it.
“The constitution is clear who the operational commander of the police force is, the police act is also clear on this.” He said that he was “irritated” when Lincoln would bypass him with operational complaints.
Lincoln’s advocate Johnny Nortje questioned Fivaz about Lincoln’s knowledge on running the unit according police structures, when Lincoln had come from MK structures. “MK was not properly trained. Did not have privilege of a junior management course or senior management course, they did not have that luxury,” Nortje said.
To which Fivaz responded: “It is true, but they were included in later training.
“Tim Williams and others had the same disadvantage, but they made it their mission to know. It is a lame excuse. And being old MK people, they were very disciplined, they knew stepping out of their command structure was not tolerated.”
Fivaz said after the report of that evaluation, allegations of misconduct that could mean criminal conduct came about, which led to an investigation.