The Claassen Board of Inquiry into suspended police commissioner Riah Phiyega’s fitness to hold office found in favour of evidence leaders on two preliminary points raised by Phiyega on Tuesday.
The inquiry found that evidence leaders were entitled to call witnesses who did not testify before the Marikana Commission of Inquiry.
It also found the evidence leaders could use evidence that was not presented at the commission‚ such as a letter that Phiyega wrote to President Jacob Zuma attacking the commission’s damaging findings on her part.
Zuma established the board of inquiry last year following recommendations by Judge Ian Farlam in the Marikana Commission of Inquiry report.
The Farlam commission‚ which submitted its final report to the government last year‚ implicated Phiyega and other senior police officers in the murders of 34 miners in Marikana‚ North West‚ on August 16‚ 2012.
Board chairman Judge Neels Claassen said Phiyega’s advocate William Mokhari made a concession that evidence leaders would be entitled to call witnesses.
“In my view‚ the concession made by Mr Mokhari that evidence leaders would be entitled to call witnesses is a correct concession.
“This inquiry is in a nature of a disciplinary inquiry‚ and in such disciplinary proceedings‚ witnesses will be called by employer and employee‚” Claassen said.
However‚ the judge said witnesses had to be relevant to what the inquiry sought to establish.
On the second point‚ the judge said it stood to reason that the representations Phiyega made to the president after the Farlam commission had completed its task was relevant in that she sought to explain her conduct in order to establish absence of any guilt.
“It would be absurd to suggest that her statement is irrelevant to these proceedings.
“The evidence leaders would be entitled to refer to matters which occurred after the (Marikana) commission‚” Claassen said.
The board of inquiry is expected to resume on Wednesday when it is expected that a witness will testify.
Phiyega's hearing finds in favour of evidence leaders
The inquiry found that evidence leaders were entitled to call witnesses who did not testify before the Marikana Commission of Inquiry.
It also found the evidence leaders could use evidence that was not presented at the commission‚ such as a letter that Phiyega wrote to President Jacob Zuma attacking the commission’s damaging findings on her part.
Zuma established the board of inquiry last year following recommendations by Judge Ian Farlam in the Marikana Commission of Inquiry report.
The Farlam commission‚ which submitted its final report to the government last year‚ implicated Phiyega and other senior police officers in the murders of 34 miners in Marikana‚ North West‚ on August 16‚ 2012.
Board chairman Judge Neels Claassen said Phiyega’s advocate William Mokhari made a concession that evidence leaders would be entitled to call witnesses.
“In my view‚ the concession made by Mr Mokhari that evidence leaders would be entitled to call witnesses is a correct concession.
“This inquiry is in a nature of a disciplinary inquiry‚ and in such disciplinary proceedings‚ witnesses will be called by employer and employee‚” Claassen said.
However‚ the judge said witnesses had to be relevant to what the inquiry sought to establish.
On the second point‚ the judge said it stood to reason that the representations Phiyega made to the president after the Farlam commission had completed its task was relevant in that she sought to explain her conduct in order to establish absence of any guilt.
“It would be absurd to suggest that her statement is irrelevant to these proceedings.
“The evidence leaders would be entitled to refer to matters which occurred after the (Marikana) commission‚” Claassen said.
The board of inquiry is expected to resume on Wednesday when it is expected that a witness will testify.
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