Phiyega comes out fighting

Suspended National Police Commissioner General Riah Phiyega. File picture: Bheki Radebe/Independent Media

Suspended National Police Commissioner General Riah Phiyega. File picture: Bheki Radebe/Independent Media

Published Jan 29, 2017

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The truth is stubborn. This was Riah Phiyega’s terse but philosophical reply suggesting that she was going to strike back at her detractors with vengeance.

On Friday, the suspended national police commissioner fired this salvo when she launched a review application to set aside the adverse findings of the Claasen Inquiry into her fitness to hold office.

Phiyega argued in the papers that Judge Neels Claasen’s findings on her role in the Marikana massacre were irrational, among others.

The inquiry found Phiyega mislead the public by lying to the Marikana Commission of Inquiry into the massacre. Other adverse findings or charges against her were that she made the decision for the police to use “the tactical” option to end the miners' strike and she should have foreseen bloodshed would be the inevitable outcome.

Retired Judge Ian Farlam, who headed the commission, recommended Phiyega face an inquiry into her fitness to hold office.

President Jacob Zuma then suspended Phiyega on full pay in October 2015.

While Phiyega is pinning her hopes on the judicial review after the Claassen report called for Zuma to fire her, the portfolio committee on police washed its hands of the matter, saying it would not interfere with the report.

The report has been tabled in Parliament and the committee will discuss it soon. Committee chairmanFrancois Beukman said the report was classified and could only be released once the committee meets.

However, the committee could not intervene on its findings. “The report is classified and there are two ways it can be made available, either by a resolution of the House or by the committee,” said Beukman.

“I am taking legal advice on the mater. In terms of the SAPS Act it is a referral, it is for noting, but we can discuss it,” he said, adding that the person who has the final word on the report is Zuma.

“He said once it is tabled before the committee they will discuss it and look at how they can learn from some of the mistakes that happened in 2012.”

Phiyega gave nothing away when contacted for comment yesterday, preferring to save everything till the last and allow her legal representative, Sandile July, to do all the talking.

July accused the Claasen Inquiry of changing its terms of reference and contradicting the findings of the Marikana Commission of Inquiry.

July said the manner in which Claasen had dealt with Phiyega’s case showed “a lack of appreciation and understanding of the legal prescripts that regulate the role of the national commission in relation to provisional issues”. He said it was wrong to lay the blame on her.

In a situation like Marikana, he said, it would have been the provincial police commissioner, Zukiswa Mbombo, who would have been in charge of the operation.

Political Bureau

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