Pretoria - President Jacob Zuma has established a board of inquiry into allegations of misconduct against National Police Commissioner, General Riah Phiyega, as well as her capacity to execute official duties efficiently, says the Presidency.
The Presidency on Tuesday announced that the President had established the inquiry in terms of Sections 9(1) of the South Africa Police Service Act, 1995.
The three-member board of inquiry will comprise Chairperson, Judge Cornelis Johannes Claasen and members Advocates Bernard Sakhile Khuzwayo and Anusha Rawjee.
On 26 August 2012, a commission of inquiry was appointed to investigate matters of public, national and international concern arising out of the tragic incidents at the Lonmin Mine in Marikana during 11 to 16 August 2012.
About 44 people lost their lives and many others were injured.
The commission was chaired by retired Judge Ian Farlam, assisted by Advocates PD Hemraj SC and BR Tokota SC.
The commission was tasked with enquiring into and making findings and recommendations concerning the conduct of Lonmin Plc, the South African Police Service (SAPS), the Association of Mineworkers and Construction Union (AMCU), the National Union of Mineworkers (NUM), the Department of Mineral Resources (DMR) and other government departments, as well as individuals and groupings.
The report recommended that there be an enquiry into Phiyega’s fitness to hold office.
President Zuma had written to her to inform her of the recommendations pertaining to her.
The board of enquiry will, said the Presidency, probe whether Phiyega, acting together with other leadership of the South African Police Service (SAPS) or alone, misled the Marikana Commission of Enquiry by concealing that it had made the decision to implement a “tactical option”, taken at the National Management Forum (NMF) meeting on or about 15 August 2012.
According to the Presidency, the board of inquiry will also enquire whether the decision taken to implement the “tactical option” ought reasonably to have foreseen the tragic and catastrophic consequences which ensued and that the remarks by the National Commissioner at the SAPS parade on 17 August 2012 would have been understood to be an unqualified endorsement of the police action and thereby having the consequence of undermining, frustrating or otherwise impeding the work of the commission.
They will further enquire as to whether the report prepared by Phiyega for the President on the 16 August 2012 and the media statement subsequently issued on 17 August 2012, was deliberately amended to conceal the fact that there were two shooting incidents – known as scene 1 and scene 2 - resulting in misleading the public that all the deaths had occurred at scene 1 which arose out of members of SAPS having to defend themselves from an advancing mass.
They will further enquire whether the overall testimony by the Commissioner at the commission was in keeping with the office which she holds and the discharge of her duties commensurate therewith.
“President Zuma has furnished National Commissioner General Phiyega with the terms of reference of the board of inquiry following her request for further clarity with regards to the inquiry, and has in addition accorded General Phiyega a further opportunity to make representations by 28 September, as to why she should not be suspended pending the final determination of her fitness to hold office,” said the Presidency. - SAnews.gov.za
