Zuma orders Phiyega misconduct probe

2014-09-28 16:59
National police commissioner Riah Phiyega. (Werner Beukes, Sapa)

National police commissioner Riah Phiyega. (Werner Beukes, Sapa)

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Cape Town - President Jacob Zuma has ordered a ministerial probe into allegations of misconduct against national police commissioner General Riah Phiyega.

According to the Sunday Independent, Zuma ordered Police Minister Nathi Nhleko to put together a ministerial committee to look into a number of allegations including that Phiyega tipped off Western Cape police commissioner Lieutentant-General Arno Lamoer on an investigation into his links with suspected criminals.

It was also alleged that she misled the public when she claimed that she was not aware that Lieutenant Mondli Zuma, whom she appointed as Gauteng police commissioner, was facing criminal charges.

Phiyega’s links to Lamoer were the subject of a police and an Independent Police Investigative Directorate (IPID) probe. However, after a months-long investigation the case docket was sent to the National Prosecuting Authority, which decided not to press charges against her.

However, the NPA recommended an internal SAPS process be conducted to deal with the allegations.
But the newspaper reports that the police ministry is now finalising its terms of reference and seeking legal advice.

NPA drops case

As reported by News24 earlier this month, the NPA said it will not pursue complaints of defeating the ends of justice against national police commissioner Riah Phiyega.

"After duly considering the statements and evidence in the docket and in light of all the circumstances, the DPP has declined to prosecute," spokesperson Nathi Mncube said.

"It is considered that there are no reasonable prospects of a successful prosecution."

He said the Independent Police Investigative Directorate (Ipid) investigated the complaint made against Phiyega last year – that she had tipped off Lamoer about an investigation against him by crime intelligence.

According to reports, Phiyega told Lamoer on three occasions that she was aware he was under investigation.

The Sunday Independent at the time reported that their telephone conversations had been legally recorded by crime intelligence operatives monitoring Lamoer's calls.

Phiyega denied tipping-off Lamoer.

NPA spokesperson Nathi Mncube at the time said the Ipid referred the docket to the National Director of Public Prosecutions Mxolisi Nxasana when it had completed its investigation.

It asked Nxasana that a decision be made in terms of section 7(4) of the Ipid Act.

"The NDPP referred the docket to the director of public prosecutions [in the] Western Cape, Advocate Rodney de Kock, to make a decision," he said.

"Advocate De Kock has satisfied himself that the Ipid investigation is complete."

Phiyega lied about appointment

In addition to this, it emerged last week that Phiyega may have misled South Africa last year when she said that she had been unaware that  Zuma had failed to inform her of criminal cases against him at the time of his appointment as Gauteng provincial commissioner.

In August last year, Zuma was to have become Gauteng's provincial police commissioner, but was removed hours after being appointed by Phiyega when it emerged that a case of drunk driving was pending against him.

The Sunday Independent reported that it has seen several documents disputing Phiyega’s claims, including a document signed by Zuma disclosing that he had a criminal record and a pending case.

The documents were signed prior to Phiyega appointing him.

However, only eight hours after appointing Zuma to the position Phiyega issued a statement saying that prior to the appointment it was found that Zuma did not have a criminal record nor did he having any pending disciplinary charges against him.

Phiyega said at the time that she became aware of the charge against him after the media briefing following his appointment.

Zuma defends Phiyega

At the time of the debacle however, the President came out in defence of her, when he said at a briefing in Pretoria that she was “absolutely wonderful, confident and competent”.

Read more on:    police  |  riah phiyega  |  jacob zuma

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