Phiyega fingered for fraud‚ perjury and misconduct

Suspended national police commissioner Riah Phiyega should be found guilty of misconduct‚ perjury and fraud‚ a ministerial reference group appointed by police minister Nathi Nhleko has recommended.

The findings‚ which threw the book at Phiyega for misconduct regarding various high-profile cases in which police management was involved‚ was heavily criticised by opposition parties because the audi alteram partem rule‚ which should have given Phiyega the opportunity to state her case - was not followed.

Her side of the story was not heard - allegedly because of "non-cooperation".

• The first act of misconduct Phiyega is recommended to be prosecuted for‚ relates to the removal of two deputy commissioners of police - Lieutenant General Godfrey Lebeya and Lieutenant General Leah Mofomme - from their positions without being consulted‚ and then summarily dismissed.
• The recommendation regarding fraud relates to a backdated performance agreement signed between her and former acting national commissioner Nhlanhla Mkhwanazi claiming he had performed well at work while he was actually at home.
• The reference group also found that Phiyega could be guilty of perjury for having lied to the court in the high-profile Richard Mdluli case. The reference group also found that Phiyega had lied to Parliament about the starting date of the Mdluli disciplinary matter and that she had obstructed the start of that disciplinary matter. He has been at home on full pay for two years.
• Two high-ranking officers‚ Chris Ngcobo and Mzwandile Tiyo‚ who opened a case of defeating the ends of justice against Phiyega after she called Western Cape police commissioner Arno Lamoer to tip him off about an investigation into him‚ were investigated for not having matric certificates shortly thereafter. Ngcobo has been charged while Tiyo has been on extended sick leave. However the report found that Phiyega was conflicted in the matter and should have had neutral people investigate the matter.

Nhleko said the recommendations would be assessed in three different teams to look at the human resources issues and how they should be renegotiated. A second team would look at formulating charges and hold a disciplinary inquiry and the third would investigate matters of wasteful expenditure.

These would all be done separately to the Presidential board of inquiry into Phiyega’s fitness to hold office‚ established in the wake of the Farlam commission.

Meanwhile‚ the release of a statement by the Board of Police commissioners in support of Phiyega in August was "timed to put undue pressure on the President‚" Parliament has found.

The police committee said the actions of provincial police commissioners in issuing a statement of support of Phiyega had "prejudiced‚ embarrassed and discredited the police".

The commissioners had told Parliament that their statement had been to quell disquiet in the ranks caused by negative media reports‚ but it was released in the wake of the release of the Farlam Commission findings‚ which made direct findings against Phiyega.

The committee made all the commissioners apologise in August‚ but just days later‚ they issued another statement in which they reiterated their previous claims. The committee then instituted an inquiry into the statements‚ the two meetings which preceded them and the conduct of the police officials involved.

RDM News Wire.