Cape Town – Police Minister Nkosinathi Nhleko has proposed that three task teams be set up to deal with the findings of the Reference Group which he formed to probe numerous complaints of unfair labour practices within the police service.
This comes after the suspended National Commissioner Riah Phiyega was found to have unfairly treated numerous senior managers of the South African Police Service (SAPS) when she allegedly suspended, demoted and dismissed some of them without following due process.
The Reference Group, which probed these complaints, found that the suspended National Commissioner was guilty of misconduct and perjury for her failure to follow the Labour Relations Act prescripts.
Briefing journalists at the Imbizo Centre on Wednesday immediately after presenting the findings to the Portfolio Committee on Police, the Minister said he has proposed to Parliament that three teams -- one to be led by a retired judge, the other by the Acting National Commissioner, and the third by a commercial crimes investigator -- be established to implement the recommendations.
“We have proposed to the Portfolio Committee that we need to set up three particular teams that will need to drive three distinct focal points.
“Once they have concluded their deliberations, they would certainly recommend and advise the kind of steps that the Ministry of Police… will have to institute to try to correct some of these particular issues,” Minister Nhleko said.
The teams would look at dealing with the findings and recommendations of the Reference Group on all individual complaints.
Among these include the case of Deputy National Commissioners Lieutenant General Godfrey Lebeya and Lieutenant General Leah Mofomme, who were removed from their posts without being consulted, before being demoted to lower ranks, being declared redundant for not accepting their demotions and thereafter being summarily dismissed.
The Reference Group found that the suspended National Commissioner did not follow SAPS and Labour Relations Act prescripts and that this resulted in SAPS suffering reputational damage.
The Group also found that she treated the members with prejudice and discrimination, leading to them suffering loss of income, reduced pension and the SAPS suffering financial loss through litigation that could have been avoided.
In another case, after acting as a National Commissioner, Lieutenant General Nhlanhla Mkhwanazi was allegedly left without a contract or responsibility and was made to stay at home for over a year before being given a role (Major General) lesser than his rank.
He was also made to sign a backdated performance agreement and was scored as having performed well during the period he was at home.
The Group found that he was treated with prejudice and malice; that there was wasteful expenditure for the Lieutenant General to stay at home with a full pay and that fraud was committed for formulating a backdated performance record when the member was not at work.
It was recommended that a criminal offence of fraud was committed by the suspended National Commissioner and the department, while there was misconduct by the suspended National Commissioner in relation to the Public Finance Management Act.
The Minister announced several other findings against the National Commissioner involving senior managers of the SAPS, ranging from misconduct to misleading Parliament.
In handling the recommendations, the Minister said he proposed to Parliament that the first task team, to be led by the acting National Commissioner Lieutenant General Kgomotso Phahlane, be appointed to look at redress and placement of generals who are not posted, or negotiate and re-negotiate exit packages where applicable.
The second team, to be led by a retired judge or a senior advocate, would look at formulating charges and having a disciplinary inquiry as recommended by the National Director of Public Prosecution.
The third, to be led by a commercial crimes investigator, will look at possible crimes of wasteful expenditure in terms of the PFMA and wasteful cancellation of tenders, among others. – SAnews.gov.za
