Johannesburg - President Jacob Zuma has ordered a ministerial probe into the conduct of under-fire national police commissioner General Riah Phiyega, barely two years after she was appointed the country’s top cop.
The Sunday Independent has established, through several sources, that Zuma issued the instruction to Police Minister Nathi Nhleko before his departure for a UN meeting in New York last week to put together a ministerial committee to look into allegations of misconduct against Phiyega.
The sources said the committee’s task would be to investigate, among other matters, allegations that Phiyega:
* Tipped off Western Cape police commissioner Lieutenant-General Arno Lamoer about an investigation into his links with suspected criminals.
* Misled the public when she claimed that she was not aware that Lieutenant Mondli Zuma, whom she had appointed as Gauteng police commissioner, was facing criminal charges.
Phiyega’s conduct around Lamoer was the subject of an investigation by the police, and later the Independent Police Investigative Directorate (Ipid). After an investigation which lasted several months, Ipid submitted the case docket to the National Prosecuting Authority (NPA) for a decision.
The NPA decided not to press charges against Phiyega.
However, The Sunday Independent has established that the NPA, despite its decision, was concerned about Phiyega’s conduct and recommended that an internal SAPS process would be a better forum to deal with the serious allegations against her.
Phiyega’s spokesman, Solomon Makgale, declined to comment, referring questions to the police ministry. However, Nhleko’s spokesman, Musa Zondi, also declined to comment.
Efforts to get a comment from Zuma's spokesman Mac Maharaj proved fruitless. A email was sent to him as well several calls were made, but his cellphone was not answered.
However, The Sunday Independent was able to independently ascertain that the police ministry was busy finalising terms of reference, as well as securing legal advice.
If the probe continues, Phiyega would be the third national police commissioner in less than 10 years to be probed.
Her predecessors, Jackie Selebi and Bheki Cele, left the office mid-term after they were investigated.
Sources told The Sunday Independent that Phiyega’s conduct at the Farlam Commission of Inquiry, which is probing the Marikana massacre, where 34 miners were shot dead by police, is another possible area of investigation.
Phiyega has also faced claims that former Umkhonto we Sizwe cadres, who now hold senior ranks in the police, were being victimised under her watch.
There have been concerns within ANC ranks about the high number of ex-MK members who have been suspended.
Phiyega has been the subject of an investigation by Ipid since October last year, following allegations she had tipped off Lamoer about a Crime Intelligence and Hawks investigation against him for alleged links with a drug lord.
This was after Crime Intelligence operatives picked up conversations between Lamoer and a Cape Town businessman.
Subsequent to that, Crime Intelligence in the Western Cape opened a case of defeating the ends of justice against Phiyega.
The matter was investigated by Ipid, which handed the docket to the NPA for a decision on whether to prosecute Phiyega.
However, two weeks ago the NPA announced that a decision had been taken not to charge Phiyega after it considered that there “are no reasonable prospects of a successful prosecution”.
But The Sunday Independent has established, through several independent sources, that plans were afoot to charge Lamoer, Brigadier Sharon Govender, Brigadier Darius van der Ross and Brigadier Kolindren Govender with corruption and racketeering.
This is the same probe Phiyega is alleged to have alerted Lamoer about.
The top cops are expected to be charged alongside Cape Town businessman Salim Dawjee, who was allegedly involved in a corrupt relationship with them, allegedly showering them with expensive gifts and cash.
Lieutenant Mondli Zuma’s appointment as Gauteng police commissioner was withdrawn after it emerged he was facing criminal charges.
Phiyega withdrew Zuma’s appointment, saying she only became aware of charges against him after the media briefing at which he was announced as Gauteng police commissioner.
But several documents disputing her statements have emerged, including a declaration form believed to have been signed by Zuma four days before his appointment.
A senior police officer who did not want to be named said the probe into Phiyega “is long overdue”.
“The ministerial committee should also look at the general management in the police because they will be able to uncover a lot of things.
“There are a lot of questionable decisions she has taken. They must try and find out what the underlying cause for all that is. They might find that it is the exclusion of those who are supposed to give advice.”
He questioned why the six deputies were not part of the meeting in Marikana where it was decided that the miners would be disarmed.
“She should have utilised all the tools of the organisation, but she decided to exclude the deputies. When something as big as Marikana happened, she decided to sideline her deputies – people who are highly experienced. That was her biggest mistake,” he added.
Commenting on the Lamoer matter, which put Phiyega in hot water, he said: “That was information about an investigation emanating from an undercover project. If she went and revealed that to Lamoer, that’s defeating the ends of justice.”
Sunday Independent