Johannesburg - Two of suspended national police commissioner Riah Phiyega’s biggest allies have failed to lift their own suspensions after a harsh Labour Court ruling earlier this week.
Phiyega’s former deputy, Lieutenant-General Nobubele Mbekela and spokesman, Lieutenant-General Solomon Makgale, launched an application on December 23 to have their suspensions by acting National Commissioner General Kgomotso Phahlane declared unlawful.
The pair were initially suspended last year for vehemently defending Phiyega’s conduct both before and after she too was suspended following the establishment of an inquiry investigating her fitness to hold her position. Phiyega came under fire numerous times for her handling of major police incidents, including the massacre at Marikana, and her lack of police background was a major sticking point for her critics.
Mbekela was suspended after a talk radio interview where she claimed Phiyega was being targeted because she was a woman, while Makgale landed in hot water after releasing media statements defending Phiyega and allegedly misleading the portfolio committee on police.
In the Labour Court’s ruling and summary of the claim from Tuesday, the pair insist they were targeted because of their strong relationships with Phiyega. However, presiding Judge Edwin Molahlehi believed Makgale and Mbekela had neither proven the urgency of the application or the unlawfulness of their suspensions. He noted that the allegations against Makgale were particularly serious and their right to seek relief was unfounded.
“They have also failed to show that a wrong or injury was perpetrated against them in suspending them. They have further failed to show that they have no alternative remedy but to approach this court on an urgent basis,” he ruled.
In a legal letter sent to Phahlane on Wednesday, it was indicated that both Makgale and Mbekela will be appealing Molahehi’s decision. The pair’s lawyer, Lodwick Mashaba, asked that pending the outcome of the appeal, Phahlane desist from acting on the judgment and not proceed with any disciplinary action against his clients.
The Star
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