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The Portfolio Committee on Police today adopted the terms of reference of the inquiry into circumstances surrounding the issuing of media statements in support of National Police Commissioner Riah Phiyega by the National Board of Commissioners and individual SAPS top management members.
The Terms of Reference are in terms of Rule 201 of the National Assembly Rules and were adopted as follows:
A.      Annexure A

1)    Statements issued by Senior Management members of the SAPS and Provincial Commissioners during July and August 2015 in support of the National Commissioner, General R Phiyega;

2)    The process leading up to the issuing of the statements with specific reference to the meeting of the SAPS BOC (Board of Commissioners) that was held at Magoebaskloof on 15 and 16 July 2015.

3)    Statements made by Senior Management and Provincial Commissioners during the Portfolio Committee meetings of 12, 18 and 19 August 2015;

4)    A Statement issued by Lt. General. S. Makgale on 13 August 2015;and

5)    Individual statements issued by senior commissioners in support of the National Commissioner.

B.       The Enquiry will, among others;

1)    Establish and consider whether the respective officers were truthful with their testimony in presenting the facts leading up to the issuing of the said statements.

2)    Establish and consider whether the documents and electronic material made available to the Committee verify the statements made during the said Committee meetings.

3)    Establish and consider whether the relevant statements were made in compliance with the Standing Order 156.

4)    Establish and consider whether the relevant conduct by the officers is in line with good governance principles.

5)    Establish and consider whether the relevant conduct prejudiced, embarrassed and discredited the SAPS.

6)    Establish and consider whether the said statements were aimed at influencing the process by the President in response to the recommendations of the Farlam Commission in relation to the National Police Commissioner.

C.       Documents to be considered

In establishing the facts and making recommendation, the following documents will be utilised as source documents.

C. 1     Legislation

1.    Constitution of the Republic of South Africa, 1996

2.    The South African Police Service Act, 68 of 1995

3.    Public Service Act, 1994, as amended Act 30 of 2007

4.    The Powers, Privileges and Immunities of Parliaments and Provincial Legislature Act 2004

5.    The National Assembly Rules, 8th edition

C. 2. South African Police Service (SAPS) Documents

1.    Agenda of Magoebaskloof meeting.

2.    Hard copy of the minutes of the meeting.

3.    Electronic copy of the minutes of the meeting.

4.    Attendance register of the meeting.

5.    Electronic recording of the meeting.

6.    Standing Order 156.

7.    Copies of all statements issued by the Senior Management members and Provincial Commissioners.

8.    Job Descriptions and Performance Agreements of provincial Commissioners and senior managers.

9.    SAPS Disciplinary Code of 2006.

10. SAPS Code of Conduct.

11. Hard copy of the minutes of the Gauteng SAPS Provincial meeting.

C. 3. Committee Documents – Portfolio Committee

1. Transcript of meeting – 12 August 2015
2. Transcript of meeting - 18 August 2015
3. Transcript of meeting – 19 August 2015
4. Minutes of meeting held on 12 and 19 August 2015.

The dates for the inquiry will be announced in due course.

Issued by Parliamentary Communication Services on behalf of the Chairperson of the Portfolio Committee on Police, Mr Francois Beukman