Phiyega’s lawyer condemns Claasen Inquiry
Sandile July says the inquiry into her fitness to hold office had no right to re-formulate charges against Riah Phiyega.
JOHANNESBURG – Suspended national police Commissioner Riah Phiyega's legal representatives say the Claasen Inquiry into her fitness to hold office had no right to re-formulate charges against her.
Phiyega has instructed her attorneys to lodge a review application to set aside the inquiry's final report at the High Court in Pretoria.
Her legal representative Sandile July says the report states that she should have anticipated the standoff which led to 34 miners being killed at Marikana in 2012.
July says it was not the responsibility of the suspended police commissioner to use tactical force but that of the then North West Commissioner Zukiswa Mbombo.
He says the inquiry is in total contradiction to the Farlam Inquiry into the Marikana massacre and has made a decision that Phiyega is unfit to hold office without any concrete evidence.
He says the role of a national commissioner is to oversee managerial operations and only intervene in certain operations with the command from the president.
“The intervention by the national commissioner can only happen by the direction of the president.”
July says the Claasen Inquiry had no business adding new charges against Phiyega.
“They were specific charges and the employer had to prove that.”
At the same time, suspended police spokesperson Solomon Makgale, along with others have been found guilty of misconduct.
Makgale was suspended for releasing media statements seemingly defending Phiyega.