Pressure on Phiyega after axed officers win huge payouts
Suspended police chief, already fighting for her job, destroyed careers of two deputy commissioners
SUSPENDED police boss Riah Phiyega’s woes escalated this week when two senior police officers she illegally fired were awarded multimillionrand damages following a court settlement.
In addition to the commission of inquiry into her fitness to hold office, the embattled Phiyega could now face another disciplinary process over the firing of two of her most senior officers — deputy national commissioners Godfrey Lebeya and Leah Mofomme — in March 2014.
This comes in a week in which strong arguments were put to the Claassen board of inquiry in favour of her being sacked for misconduct and breaching the constitution and law.
The board will draw up a report on her actions regarding the 2012 Marikana mine shootings.
According to court papers from two Labour Court cases, one in April and another in May, the police agreed that the dismissal of the “applicants in terms of section 189 of the Labour Relations Act 66 of 1995, read with section 17(2)(b) of the Public Service Act, 1994, is unlawful and unfair and set aside”.
Lebeya, who has a doctorate in law and has been with the police for 32 years, was fired after challenging his move from crime detection to the South African Police Service Research Institute, to take up a post that did not exist.
Mofomme, who had 30 years’ experience, held a key position as head of police physical resource management. Phiyega moved her to head up the SAPS Education Trust.
Late last year, a ministerial reference group commissioned by Police Minister Nathi Nhleko found that Lebeya and Mofomme had been VINDICATED: Godfrey Lebeya had to appeal to President Jacob Zuma REDUNDANT: Leah Mofomme was sacked after 30 years’ service declared redundant after challenging their transfers. The reference group also found that Phiyega was guilty of misconduct and perjury for failing to follow policy.
Nhleko’s spokesman, Musa Zondi, would not spell out what action Phiyega was likely to face, but said: “The minister of police is committed to ensure the implementation of the reference group’s recommendations, which cannot exclude action against anyone who acted contrary to the Comment on this: write to tellus@sundaytimes.co.za or SMS us at 33971 www.sundaytimes.co.za policy prescriptions.”
Phiyega had fired the two in terms of section 189 of the Labour Relations Act — which does not apply to the police.
The reference group found that Phiyega had treated the two “with prejudice and discrimination, leading to them suffering loss of income, reduced pension, and the SAPS suffering reputational damage”.
Asked to comment, Lebeya said: “I was innocent and what was done to me was wrong.” He had planned to retire from the police in 2021 and pursue his legal career.
When he was fired, his pension papers were not processed for six months. His salary was withheld and he had to ask President Jacob Zuma to intervene. Then he had to go to court to get the interest paid to him. “I wish no one to be subjected to that type of treatment in the SAPS,” said Lebeya.
South African Policing Union president Mpho Kwinika said action should be taken against Phiyega.
“That settlement is stating exactly what we said was wrong about those members’ dismissals.
“But the general [Phiyega] didn’t want to hear anything.
“It was never personal, it was about principles that she should have followed. The minister should take action against her misconduct, because those were unlawful retrenchments.”
According to the court settlement, Lebeya’s and Mofomme’s pay will be backdated from the day they were fired until May 31, with all benefits, including annual increases.
The court also ruled that the police should pay the two compensation for pain and suffering. None of the parties would divulge the sums involved, but the Sunday Times understands they run into millions of rands. EMBATTLED: Riah Phiyega during closing arguments in the Claassen board of inquiry, probing her fitness for office
Yesterday, Phiyega denied firing Lebeya and Mofomme.
“I didn't just wake up in the morning and decided that I follow 189. We restarted the process of negotiation and they were discharged on 189 as per the instruction of the court. It wasn’t my decision and it can never constitute misconduct.”
She claimed the police had not defended the court action. “If defended, this outcome would have shown there was no wrongdoing. We followed the process of the court order.”
She claimed that state resources were being used and abused in the matter and “anybody who wants to appeal that would win it in court”. She said “nothing was taken from” Lebeya and Mofomme, “but because they were part of this movement of the reference group they did what they did”.