PHIYEGA GUILTY OF FRAUD’
She could also face perjury charges
SUSPENDED police commissioner Riah Phiyega is facing more trouble as it was recommended yesterday that she should be found guilty of fraud, among other changes.
A ministerial reference group appointed by Police Minister Nathi Nhleko recommended that Phiyega should be found guilty of misconduct, perjury and fraud.
The findings, which threw the book at Phiyega for misconduct regarding various high-profile cases in which police management was involved, were heavily criticised by opposition parties. This was because the
which should have given Phiyega the opportunity to state her case – was not followed. The reference group said yesterday her side of the story was not heard because of “non-co-operation ”.
Several individual complaints were investigated.
Among the recommendations were:
The first act of misconduct Phiyega is recommended to be prosecuted for was regarding the removal of two deputy commissioners of police Godfrey Lebeya and Leah Mofomme from their positions without being consulted, and then summarily dismissed.
The recommendation regarding fraud relates to a backdated per- formance agreement signed between her and former acting national commissioner Nhlanhla Mkhwanazi claiming he had performed well at work while he was actually at home.
The reference group also found that Phiyega could be guilty of perjury for having lied to the court in the high profile Richard Mdluli case.
The group found that Phiyega had lied to Parliament about the starting date of the Richard Mdluli disciplinary matter and that she had obstructed the start of that disciplinary matter. Mdluli had been at home on full pay for two years.
Nhleko said the recommendations would be assessed by three different teams to look at human resources issues and how they should be renegotiated.
A second team would look at formulating charges and hold a disciplinary inquiry and the third, led by a commercial crimes investigator, would investigate matters of wasteful expenditure.
These would all be done separately from the Presidential board of inquiry, established in the wake of the Farlam Commission to probe Phiyega's fitness to hold office.
Phiyega was not available to comment yesterday.
She also faces a second board of inquiry after the police committee suggested that this be done following its own investigation into statements issued by the police ’ s board of commissioners.
The release of a statement by the board of police commissioners in support of Phiyega in August was “timed to put undue pressure on the President ”, parliament has found. The board of commissioners released a statement backing Phiyega in August.
The commissioners told Parliament that the move had been to quell disquiet in the ranks caused by negative media reports – but it was released in the wake of the release of the Farlam Commission findings, which made direct findings against Phiyega.