Panel found range of faults

POLICE Minister Nathi Nhleko’s Reference Group, established last year, made several damning findings against suspended national police commissioner Riah Phiyega and recommended she face a raft of internal disciplinary and criminal charges.

The group, headed by Advocate Margaret Kruger, was tasked with focusing on a range of issues, including appointments, suspensions, criminal proceedings involving senior management, operational issues, the Zimbabwean renditions, crime intelligence and adherence to good governance.

It concluded its work in September. A shortened version of its report, released this week, detailed how Phiyega allegedly flouted several police and labour regulations in the promotion and demotion of senior police officials.

Nhleko said Phiyega failed to co-operate with the group, but she claims she was never interviewed, never asked to explain some of her actions, or asked to provide any documentation.

Findings against Phiyega include:

That she effectively demoted Lieutenant-General Godfrey Lebeya and that he was unfairly dismissed. The panel said Lebeya should be reinstated and compensated. Phiyega, however, said the Labour Court had ruled in her favour and that Lebeya was not demoted, but moved to another position with the same rank;

That she demoted Major-General Bethuel Mondli Zuma within hours of appointing him as Gauteng provincial commissioner. The group recommended Zuma’s reinstatement to the rank of lieutenant-general and that compensation be backdated to September 2013. Phiyega said Zuma had failed to declare pending charges of drunk driving and defeating the ends of justice;

That Phiyega failed to institute disciplinary charges against disgraced spy boss Richard Mdluli. It recommended that she be charged with maladministration and fruitless expenditure. Phiyega said Mdluli had already been charged when she was appointed and that court cases against him were intertwined with internal procedures; and,

That Lieutenant-General Nhlanhla Mkhwanazi was without a job for more than a year and that his performance rating by Phiyega was fraudulent. It recommended that Phiyega be investigated for perjury and defeating the ends of justice and that criminal charges be instituted. Phiyega said Mkhwanazi, after being appointed the acting commissioner, filled his old post, but had retained his rank and was involved in special projects.

On Friday, Phiyega insisted that she had followed all protocols and that the report was “vindictive” and a “kangaroo court”.

She said some of the senior officials named in the report claimed they were never interviewed by the Reference Group.

“How can they make factual findings against me, yet they did not interview me? This report requires a court. I can’t be found guilty for things I haven’t done.”

Said Nhleko’s spokesman, Musa Zondi: “There is no record of her [Phiyega] having contacted the convenor . . . if indeed she was co-operating. So her contention of co-operation must fail.”

The panel said further investigation was needed into, among other things, the use of crime intelligence vehicles bought with covert funds.