Riah's allies lose court battle

07 January 2016 - 02:06 By Sipho Masombuka

Suspended police commissioner Riah Phiyega's allies have lost their court bid to have their suspensions declared unlawful and lifted. The Labour Court has ruled that acting national police commissioner Kgomotso Phahlane was well within his powers to suspend Phiyega's deputy, Lieutenant-General Nobubele Mbekela, and spokesman Lieutenant-General Solomon Makgale, a month ago.The two came under fire for publicly defending the embattled Phiyega, who is also on suspension pending an inquiry into her fitness to hold office.Mbekela is on suspension for defending Phiyega during a radio interview when she indicated that the then commissioner was being targeted because of her gender.In the interview she said: "The men of the country are attacking women in the country."Makgale was suspended for his media statements in defence of Phiyega and misleading the portfolio committee on police.In court papers the pair argued that their suspensions were unlawful and were motivated by their closeness to Phiyega.But Labour Court Judge Edwin Molahlehi disagreed, ruling that the seriousness of the offence was an important element in deciding whether to suspend or not.The judge noted that the police lawyers had submitted that "... the allegations contained in the findings of the portfolio committee were very serious".Molahlehi concluded that the two failed to satisfy the requirement of a clear right to the relief sought."They have also failed to show that a wrong or injury was perpetrated against them by [Phahlane] in suspending them. They have further failed to show that they have no alternative remedy but to approach this court on an urgent basis," the judge said.The matter was heard on December 23. Judgment was reserved and delivered on Tuesday.Phiyega is awaiting the inquiry announced by President Jacob Zuma in September following recommendations by Judge Ian Farlam in the Marikana report.The inquiry will determine Phiyega's fitness to hold office.In Judge Farlam's report Phiyega's actions on August 16 2012, when 34 mine workers were shot dead by police in Marikana, were criticised...

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