Phiyega in the dog box

19/09/2014. Police Commissioner Riah Phiyega listens to a question after announcing the annual crime stats during a press conference held at the SAPS Tshwane Training Academy. Picture: Masi Losi

19/09/2014. Police Commissioner Riah Phiyega listens to a question after announcing the annual crime stats during a press conference held at the SAPS Tshwane Training Academy. Picture: Masi Losi

Published Sep 21, 2014

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Johannesburg - National Police Commissioner Riah Phiyega may have misled the public last year when she told South Africans that Major-General Mondli Zuma, who she appointed as Gauteng provincial commissioner and then removed, had not told her that he had criminal cases against him.

And now one year after Phiyega was forced to remove him from the post, it appears that her lieutenants are still trying to put together a case against Zuma and charge him for the oversight.

Documents seen by The Sunday Independent suggest that Phiyega may not have been telling the truth when she announced that she was unaware of criminal cases against Zuma and his criminal record when she appointed him as Gauteng provincial commissioner.

Hours after the appointment, she withdrew his appointment.

Zuma was facing charges of drinking and driving and defeating the ends of justice, and was accused of escaping from lawful custody in Pietermaritzburg, but has been cleared of the charges.

However, The Sunday Independent has seen several documents disputing Phiyega’s statements, including a declaration form believed to have been signed by Zuma on August 26 last year disclosing that he had a criminal conviction and a pending case.

On the form, he stated: “I further undertake to disclose to management any criminal cases for which I may be charged in future.”

The document was signed just four days before Phiyega announced his appointment. Further documents seen by The Sunday Independent show that Phiyega’s officers may have let her down and not shown her the declaration before she made the announcement.

Phiyega issued a statement eight hours after appointing Zuma, reading: “Prior to the appointment, in line with South African Police Service prescripts, it was established that Major-General Zuma did not have a criminal record. It was further established that he did not have any internal disciplinary charges pending against him.”

The Sunday Independent has seen a memo to Phiyega, detailing that officers requested a copy of the declaration on September 3 but that Zuma signed the declaration before leaving for Angola on August 26 last year. It is understood he was part of a border posting unit at the time.

When Phiyega withdrew Zuma’s appointment, she said she became aware of the charges against him after the media briefing that day. National police spokesman Solomon Makgale declined to comment when he was asked if Phiyega had lied when she said she was not aware of pending charges against Zuma.

Last year Phiyega said Zuma had failed to comply with an instruction issued in May that year advising officers to declare pending cases against them or face misconduct charges.

“It is clear that, in line with this policy, Major-General Zuma failed to comply with the provisions of the instruction,” said Phiyega.

She added: “Disciplinary steps will be taken against Major-General Zuma for his failure to declare the pending criminal charges.”

But so far, no disciplinary steps have been taken against him.

The Sunday Independent has also seen an e-mail from Major-General Rantho Motlalepule to several lieutenant-generals, major-generals, brigadiers and a colonel, dated September 11 this year, discussing how to attempt to collate alleged misconduct charges against Zuma.

The e-mail states that a consultation had been scheduled with an advocate regarding disciplinary proceedings against Zuma.

Motlalepule says there is a “concern that some of the witnesses who have been identified do not seem to have knowledge of the facts which will be crucial to assist counsel”.

“May I kindly impress upon (you) the need to be provided with persons with personal knowledge of what the alleged misconduct is about.”

 

Motlalepule urges witnesses to bring “any documentation relevant in this regard”.

Efforts to get a comment from Zuma on Saturday proved fruitless as his cellphone was not answered.

Sunday Independent

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