Cape Town - National police are keeping mum on whether the Western Cape’s Crime Intelligence head is properly qualified for the job, as it emerged in court this week that he apparently still has no security clearance and did not matriculate.
The issue concerning Major-General Mzwandile Tiyo, who heads the province’s Crime Intelligence unit, surfaced in the Cape Town Labour Court again on Thursday.
Major-General Peter Jacobs, who was previously the Western Cape’s Crime Intelligence head, said in court papers that he had received complaints about Tiyo's qualifications.
'No security clearance'
This included "that he had not obtained a matric and that he had not received the prescribed security clearance to perform the duties of the head of intelligence".
Jacobs claims Tiyo "still lacks the necessary security clearance".
Asked on Friday if Tiyo had the security clearance necessary to carry out his job, national police spokesperson Athlenda Mathe would not confirm or deny it.
"The issue of General Tiyo is receiving the necessary attention. At this stage, we will not comment further on the matter," Mathe said.
Jacobs and Major-General Jeremy Vearey appeared in the Cape Town Labour Court on Thursday, where their sudden transfers within the police in June 2016 were set aside.
The two approached the court last year, following their transfers.
Image: Major-General Jeremy Vearey and Major-General Peter Jacobs after hearing their "demotions" have been set aside. (Caryn Dolley, News24)
In June 2016, Vearey, who was deputy provincial commissioner for detective services, was suddenly shifted to a position he had previously filled - commander of the Cape Town cluster of police stations.
Jacobs, who headed the province's Crime Intelligence unit, was appointed Wynberg cluster commander.
Tiyo had been acting Crime Intelligence head in the province before Jacobs filled the role and had then filled the position when Jacobs was transferred.
Previous papers filed in the Cape Town Labour Court - in which Tiyo was an applicant in a case - and which were attached to Jacobs’s court papers, said Tiyo had left formal schooling in Grade 11 in order to join Umkhonto weSizwe.
"As a result, Tiyo had not completed his matriculation certificate examinations at the time of his integration into SAPS," it said.
"In terms of the agreements at the time between the South African National Government and the ANC, all former MK operatives were assessed in terms of their skills and experience and were appointed to suitable posts in either the (SA National Defence Force) or (police)."
The court papers said Tiyo, who "passed all formal assessments required for promotion", had risen through the ranks since being appointed at the level of warrant officer in 1994.
It said, since joining Umkhonto weSizwe, he had undertaken "various studies".
As acting Crime Intelligence head in the Western Cape, when Lieutenant-General Arno Lamoer had been provincial commissioner, Tiyo had applied to register an undercover operation named "Toffee".
This operation focused on allegations of fraud and corruption within the police’s Western Cape management.
Lamoer went on to be arrested on corruption charges in April 2015.
Together with businessman Salim Dawjee, Lamoer and three brigadiers - Darius van der Ross, Sharon Govender and her husband Colin Govender - face 109 charges of corruption, racketeering and money laundering involving R1.6m.
This matter is in the trial phase and being heard in the Western Cape High Court.
Tiyo had previously approached the Cape Town Labour Court as he had felt that due to the investigations into Lamoer, he had been prevented from becoming provincial Crime Intelligence head, a position he had initially been acting in.
He had then gone on to fill the position, before Jacobs took it over. When Jacobs was transferred in June 2016, Tiyo took over his position.
The roles were then reversed with Jacobs approaching the Labour Court, which found that his transfer should be set aside and reviewed.
It was not immediately clear how this would impact on Tiyo.