PHIYEGA TO TAKE ON SAPS
Marikana findings challenged
SUSPENDED national police commissioner Riah Phiyega believes that it will be a “huge task” for the SA Police Service to help take her down over the Marikana massacre.
This is revealed in the embattled commissioner’s legal strategy – seen by Sowetan – for a board of inquiry into her fitness to hold office, which starts today.
The legal strategy shows that Phiyega believes that the SAPS will testify against her. Acting police commissioner Kgomotso Phahlane has purged some of Phiyega ’ s loyalists in the SAPS, which has led to her believing that Phahlane wants her job.
But Phiyega’s legal team believes that the “mishaps ” caused by the Farlam Commission’s findings on the SAPS will hamper its efforts to prove that she misled the commission and also concealed some information from it, among others.
Phiyega ’ s legal team believes that the Farlam Commission’s findings do not have legal or factual basis and that the adverse findings against her were not supported by the evidence led during the commission.
Her legal team will also go to a high court for the review of the commission’s findings. The court challenge “attacking ” the findings of the Farlam Commission will be used as one of the aces up her sleeve at the tail-end of the inquiry because had it been done before “it would have looked like they (lawyers) want to delay the inquiry”.
Police union Popcru will be the friend of the court, submitting information in support of Phiyega. In appointing the Claasen Board of Inquiry‚ President Jacob Zuma said it should look into, among other things:
Whether Phiyega and other senior police officers misled the Farlam Commission;
The decision taken to implement the “tactical option” ought reasonably to have foreseen the tragic and catastrophic consequences which ensued;
The report Phiyega prepared for Zuma; and
Phiyega ’ s overall testimony at the commission.
Yesterday, Phiyega said that she was ready for the inquiry. “We are ready to go to the board. My lawyers and myself will be there tomorrow.
“I have said to the nation that I am ready and in fact it is a platform that I have been aspiring to have, ” she said.
Phiyega was suspended on full pay in October last year.
The board’s spokesman, William Baloyi, said it was all systems go and that a lot of work had already gone into its investigations, adding that further determination could only be made once the evidence leaders and the defence team had submitted their cases to the board and argued the matter.
“The board will then deliberate on the matter based on the material information placed before them, and only then reach a conclusion. At the moment, both the evidence leaders and the defence team have filed their submissions,” Baloyi said.
He said it was not clear how many people would testify during the five-week proceedings.