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Closing arguments in Police Commissioner Phiyega’s inquiry to start

Suspended National Police Commissioner Riah Phiyega
Photo by Duane Daws
Suspended National Police Commissioner Riah Phiyega

1st June 2016

By: African News Agency

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Closing arguments at the Claassen board of inquiry into the fitness for office of suspended national police commissioner Riah Phiyega will start on Wednesday.

Early last month, the evidence phase of the inquiry ended after only a handful of witnesses and with Phiyega’s defence team announcing that they would not be calling any witnesses.

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Only two witnesses, Captain Monwabisi Ntlati and former brigadier Lindela Mashigo, testified during the inquiry, while four other witnesses only presented affidavits to the inquiry. The evidence leaders initially indicated that they had about 14 witnesses.

“Our position is that, as evidence leaders, we do not intend at this point to call further witnesses. That has been our case against General Phiyega. That is our case,” evidence leader, advocate Ismail Jamie SC, said in Pretoria.

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Inquiry chairman, Judge Neels Claassen, inquired if Phiyega would want to call witnesses to testify on her behalf.

Advocate William Mokhari SC, for Phiyega responded: “In the light that evidence leaders have closed their case, now it is our case, which we also close.”

The inquiry is set to resume on Wednesday with closing arguments which have been set down for three days. Thereafter, Claassen will compile and submit a report to President Jacob Zuma.

In September, President Jacob Zuma announced that he had set up the Claassen-led board of inquiry into Phiyega’s fitness to hold office.

Claasen chairs the three-member board, assisted by advocates Bernard Khuzwayo and Anusha Rawjee.

Phiyega’s actions in mid-August, 2012, when 34 miners were killed during a violent strike at the Lonmin mine in the North West in what is believed to be the biggest loss of life in a single police operation in post-apartheid South Africa, was heavily criticised by a commission of inquiry led by retired Judge Ian Farlam.

In June last year, Zuma released the report of the Farlam Commission. It recommended the board of inquiry into Phiyega’s fitness to hold office after finding fault with the police’s “tactical” plan to deal with the striking miners.

The Farlam Commission also found the police had misled it about its plans on the day of the deadly shootings.

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