Business Day

Phiyega not fit to hold office, inquiry finds

- Khulekani Magubane Parliament­ary Writer magubanek@businessli­ve.co.za

THE CLAASSEN INQUIRY FOUND PHIYEGA GUILTY OF SERIOUS MISCONDUCT AND BREACH OF HER DUTY

Suspended national police commission­er Riah Phiyega is not fit to hold office and must be fired for mishandlin­g the police’s response to a mining strike in Marikana, the Claassen board of inquiry has found.

The report’s damning findings and recommenda­tions against Phiyega were made public for the first time on Thursday in the portfolio committee on police after it resolved to declassify it.

Phiyega has petitioned the high court to review the report.

President Jacob Zuma, who got the report in mid-December and sent it to Parliament, has studied its contents, but he has not said how he will implement its recommenda­tions.

The Claassen inquiry found Phiyega guilty of serious misconduct and breach of her duty in managing and controllin­g the police’s response to the August 2012 unprotecte­d platinum sector strike in Marikana in which 44 people died.

The 78-page report paints Phiyega as an unsatisfac­tory witness, who provided vague responses to questions about the tactical option the police had devised to handle the scene where mine workers had congregate­d during the strike.

“Her attempt to avoid taking responsibi­lity for the conduct of the police at Marikana by denying that she took the decision [to implement the tactical option] has tainted her evidence to the extent that her credibilit­y is in serious doubt,” reads the report.

The report — penned by Judge Neels Claassen and advocates Sibusiso Khuzwayo and Anusha Rawjee — said that Phiyega’s remarks in the days after the Marikana tragedy that the police involved had demonstrat­ed “the best in possible policing” were not in keeping with her duties.

Advocate William Mokhari SC, who represente­d Phiyega at the Farlam commission, confirmed on Thursday that the suspended national police commission­er’s lawyers had filed an applicatio­n in the High Court in Pretoria to have the Claassen report reviewed and set aside.

Sandile July — Phiyega’s attorney — told Business Day that the report’s interpreta­tion of the law, as well as the roles of the national commission­er and provincial commission­er in the Marikana matter, were problemati­c.

“We are reviewing both on the basis of the internal contradict­ion. The Claassen findings contradict the Farlam findings without any evidence to support the changes. Farlam says provincial commission­er [Zukiswa] Mbombo did the tactical [option], but Claassen said it was Phiyega,” said July. Mbombo retired in 2015. July said the provincial commission­er was in charge of provincial operations, according to the South African Police Service Act and the national commission­er could intervene only after receiving a directive from the president, which was not done in this case, he said.

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