Mbalula defends Phiyega’s R600 000 legal fees

POLICE Minister Fikile Mbalula has defended the payment of legal fees of almost R600 000 for former national police commissioner Riah Phiyega to challenge the Farlam Commission.

Replying to parliamentary questions from the DA’s Zakhele Mbhele, Mbalula said the amount was paid because of her position at the time.

The office of the state attorney was to pay a total of R599 277 in legal fees, he said.

“Legal fees were paid since the findings by the Farlam Commission were as a result of the position former General Phiyega held.

“Due to her position as national commissioner of the SAPS, it was decided to provide legal representation at state cost for her review proceedings.”

Mbhele said the legal fees showed the expenditure of public funds was put into wastage and fruitless expenditure.

Phiyega’s legal challenge had not been successful and she had lost her job, he said.

The money could have been used to address understaffing and underequipment in SAPS, Mbhele said.

Phiyega was embroiled in legal action against the findings of the Farlam Commission when her fiveyear term ended in June.

The commission had made damning findings against her during its investigation into the Marikana massacre of 2012 that claimed 34 lives.

Retired Judge Ian Farlam had recommended that an inquiry into Phiyega’s fitness to hold office be instituted.

President Jacob Zuma subsequently suspended Phiyega on full pay in October 2015 when the Claassen inquiry into her fitness to hold office was instituted.

Phiyega then lodged another review application in the high court to have the findings set aside.

The costs for this review have yet to be determined.

Mbhele said he would follow up with Mbalula on the costs incurred by Phiyega in the Claassen board of inquiry.

When she challenged the Farlam Commission and Claassen board of inquiry, Phiyega was on full pay.

She had pocketed R3.2 million between October 2015 and April 2017 for staying at home. Of the R3.2m, R562 541 was a non-pensionable “cash allowance”, R299 244 for “head of department” allowance and a R335 130 pension contribution, among others.

At the time Mbhele viewed as unacceptable the payments made to Phiyega and head of crime intelligence Richard Mdluli, who pocketed R8.3m since his 2011 suspension.

He had called for replacement of Phiyega and Mdluli. “It is imperative that we have fit and proper police leadership so these millions, that could’ve been spent on our severely under-resourced police, are not wasted on failed SAPS leadership.”