Durban - Criminal complaints have been lodged against suspended national police commissioner Riah Phiyega for her alleged failure to submit all the information to the Farlam Commission of Inquiry into the Marikana massacre.
Police watchdog the Independent Police Investigative Directorate confirmed in Parliament on Tuesday that it had filed criminal charges against Phiyega and former North West provincial commissioner Zukiswa Mbombo.
The charges against Phiyega relate to defeating the ends of justice after she failed to submit all the information to the commission.
The directorate did not rule out further charges as investigations were continuing.
The directorate’s acting head, Israel Kgamanyane, told the portfolio committee on police that the directorate had also laid criminal charges against two other senior members of the police on the matter.
Major-General Ganasen Naidoo was accused of failing to send the medical team to the crime scene and not submitting his firearm for ballistic tests.
Brigadier Ledile Malahlela was accused in connection with the disappearance of a memory stick containing crucial minutes of an extraordinary meeting at which a decision was taken to act against the workers. The meeting took place at a Johannesburg hotel a day before the shooting.
The police watchdog was briefing the portfolio committee on the implementation of the Farlam Commission recommendations.
Kgamanyane told the committee the task team investigating the Marikana incident, in which 44 people were killed, consisted of directorate investigators, prosecutors and forensic experts.
The directorate handed over the case against Phiyega to the NPA for criminal prosecution.
Despite lodging cases against Phiyega, the directorate’s investigation of other cases had been frustrated by lack of co-operation by witnesses, said Kgamanyane.
Its investigation into Marikana was due to draw to a close in March, but it could be extended further.
“It is worth mentioning that any delays that could be attributed to the investigations are mainly in relation to the hostile attitude of, and unco-operative, witnesses,” Kgamanyane told MPs.
He added that the task team was nonetheless continuing with the investigations, and had met lawyers of some of the unco-operative witnesses.
Committee chairman Francois Beukman called for the watchdog to rope in independent ballistics experts in the investigations.
He was backed by Zakhele Mbhele of the DA, who said independent forensics and ballistics experts would remove any suspicion in the prosecution of the police.
ANC MP Leonard Ramatlakane said the watchdog must get on the side of hostile witnesses to be able to make progress in the investigations.
“The other issue is this of unco-operative witnesses and your timeline to complete your work. They are key witnesses and you will not be able to complete your investigation without them,” he said.
Kgamanyane said there were 22 lever arch files to sift through for evidence.
He said the directorate was working closely with SAPS ballistics and forensics experts and NPA advocates.
“On the cases that have been referred to the NPA, we are with them all the way. Even last week the team of investigators and advocates were having a meeting at our office,” said Kgamanyane.
The Mercury