'Phiyega breached Constitution, is guilty of misconduct & should be axed'

The board has heard that Riah Phiyega should have taken control of the Marikana Massacre situation.

Suspended National Police Commissioner Riah Phiyega. Picture: Reinart Toerien/EWN.

JOHANNESBURG - Evidence leaders have argued that Riah Phiyega acted in breach of the Constitution in Marikana, is guilty of misconduct and should be removed from office.

The suspended national police commissioner is facing the Claassen Board of Inquiry into her fitness to hold office, relating to her conduct during the 2012 mass shooting.

The board has heard that Phiyega should have taken control of the situation.

Evidence Leader Ismail Jamie says Phiyega failed to ask pertinent questions about the police's operation in Marikana.

He says if she didn't know the plan it makes her incompetent and if she was aware then she is guilty.

Jamie says it all comes down to why the police chose to move to a tactical phase at 3:30pm on the 16 August 2012, knowing the risk of bloodshed.

"It's submitted that it's been established that the national commissioner acted in breach of the Constitution and the law, including her code of conduct. And accordingly, that she's guilty of misconduct and is unfit for office."

Advocate Dumisa Ntsebeza who is representing the families of the victims, is now arguing that the police's claim of self-defence has never been won.

He says Phiyega should have foreseen that there would be bloodshed.

"That there was a specific order for more than 4,000 live ammunition to be brought to the scene; what were you thinking? This national commissioner should have foreseen the dire consequences."