Phiyega, minister bicker over pay and access
SUSPENDED national police commissioner Riah Phiyega has hired lawyers to help her get her office files and equipment to prepare for an inquiry into her fitness to hold office.
Phiyega, suspended by President Jacob Zuma in October, faces a commission of inquiry to be chaired by Judge Cornelius Claassen and scheduled to begin on January 8.
Phiyega’s lawyer, Sandile July, said attempts to obtain information to prepare for the inquiry were being thwarted by Police Minister Nathi Nhleko.
The minister, July said, had barred Phiyega from communicating with her support staff and had moved her equipment to an unknown location.
Nhleko had instructed Phiyega to seek his permission for access to her files, he said.
“We don’t know what the motivation for all this is. Today it’s this letter, tomorrow it’s another . . . We are concerned this is distracting her from preparations,” July said.
It was likely that when the
BEING THWARTED: Riah Phiyega commission’s teams met next month to determine their preparedness, they would ask for more time, because the files and information were crucial, he said. “How we get information is very critical . . . she is aware that she cannot instruct people where to go and what to do because she may not do that.
“He [Nhleko] has no powers to talk about the conditions of her suspension. Even if he would want certain things to be included, he has no powers, and would have to ask the president to do so. But that should not be in contravention of the [South African Police Service] Act.”
The Claassen commission will focus on the findings of the Farlam inquiry into the killing of mineworkers at Marikana in August 2012.
It is claimed that Phiyega misled the Farlam commission.
Phiyega is also threatening to go to court unless Nhleko reinstates a R15 831 monthly allowance, which was suspended in November.
In a letter seen by the Sunday Times, Nhleko said that acting allowances, which make up 10% of Phiyega’s salary as designated by the Senior Management Service handbook, would be discontinued as of November.
In response, Phiyega’s legal team has argued the 1995 police act stipulates that a national commissioner’s suspension be with salary and full benefits.
“We demand that the minister gives an undertaking by no later than close of business Tuesday 8 December 2015 that he will not implement the contemplated action, failing which we are instructed to approach a court of law and seek substantial relief.”
Nhleko’s spokesman, Musa Zondi, said what the minister had communicated to Phiyega was standard practice.
Suspended individuals, he said, may not interfere with colleagues. “The minister’s view is that everything that needs to be said around these matters has been said. If there is a procedural thing the minister says should not happen or should happen, he will do so based on the prescripts of the law and the Public Service Act and whatever other act that applies. Unless somebody can prove all of that is illegal,” Zondi said.
These latest spats between Phiyega and Nhleko come as acting national police commising sioner Khomotso Phahlane is introducing sweeping changes in the SAPS. These include cutting training time for recruits from two years to one. Management changes include:
Moving Lieutenant-General Bongiwe Zulu, acting head of crime intelligence, to a yet-tobe-established research wing;
Moving Lieutenant-General Nhlanhla Mkhwanazi from facilities to head the SAPS train- of members at human resources development;
Moving Brigadier Thulo Tshika from counterintelligence to head crime intelligence in KwaZulu-Natal; and
Moving the police’s Interpol and International Relations Unit to the Hawks.
Police union Popcru has criticised the staff movements. The union’s Richard Mamabolo said the changes were made despite Phahlane’s undertaking to consult labour representatives.
The South African Police Union, however, welcomed the changes. Union president Mpho Kwinika said: “These changes can only serve to improve the police, as you can see the commissioner is matching people’s skills and expertise to areas of need . . . it will help SAPS regain lost ground and clean up.”
Meanwhile, Phiyega’s close allies, lieutenant-generals Solomon Makgale and Nobubele Mbekela, were suspended on Friday. They have indicated they will challenge the suspensions.
Phahlane’s spokesman said the acting commissioner would not comment on internal issues.
We are concerned this is distracting her from preparations