Terms of reference for Phiyega inquiry not amended - presidency

2015-11-21 09:14
Riah Phiyega.

Riah Phiyega. (Deaan Vivier/Foto24)

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Johannesburg - President Jacob Zuma has not amended the terms of reference of the board of inquiry into allegations of misconduct by national police commissioner Riah Phiyega, the presidency said.

"The Presidency has received inquiries from media houses on whether the terms of reference had been amended to include new matters that have been brought into the public domain," it said in a statement.

This followed the release of the findings of two damning reports against Phiyega.

A ministerial reference group dealing with a host of concerns facing the police service laid the blame for most of the challenges in the department solely at Phiyega's door.

Criminal offences committed - Nhleko

She has been accused of perjury, fraud, misconduct and wasteful expenditure by the reference group, which was formed in September last year to look at some of the issues facing the police.

From demotions and wasteful expenditure to individual grievances, Police Minister Nathi Nhleko last week told Parliament that the reference group had found that Phiyega had committed criminal and procedural offences in her role as national commissioner.

Despite this, the Presidency said the terms of reference for the inquiry into Phiyega's fitness to hold office would remain the same.

The Farlam Commission, headed by retired judge Ian Farlam, investigated the deaths of 44 people killed during strike-related unrest at Lonmin's platinum mine in Marikana, Rustenburg, in August 2012.


It recommended in its report, released in June, that Phiyega face an inquiry into her fitness to hold office.

The inquiry would look into:
- Whether Phiyega, together with other leaders in the SA Police Service or alone, misled the Farlam Commission into the Marikana shooting regarding the decision to implement the "tactical option" taken the day before the fatal incident;
- The decision taken to implement the "tactical option" ought to have reasonably foreseen the tragic and catastrophic consequences which ensued;
- The remarks made by Phiyega at the SAPS parade on August 17, 2012 could have been understood as an unqualified endorsement of the police action therefore undermining, frustrating or otherwise impeding the work of the commission;
- The report prepared by Phiyega for Zuma on August 16, 2012 and the media statement the following day was deliberately amended to conceal the fact that there were two shooting incidents; misleading the public that all the deaths occurred at one scene because the SAPS were defending themselves;  and
- Whether Phiyega's testimony at the Farlam Commission was in keeping with her office and the discharge of her duties.

Read more on:    police  |  riah phiyega  |  jacob zuma  |  nathi nhleko  |  marikana inquiry

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