Terms of reference of probe into the National Commissioner of the South African Police Service

20 November 2015

President Jacob Zuma has not amended the terms of reference of the Board of Inquiry into the allegations of misconduct by the National Commissioner of the South African Police Service, Gen Riah Phiyega and/or her capacity to execute official duties efficiently, arising from the Marikana Commission of Inquiry.

The Presidency has received inquiries from media houses on whether the terms of reference had been amended to include new matters that have been brought into the public domain.

The terms remain the same.

The board of inquiry shall inquire into whether:

- the National Commissioner acting together with other leadership of the South African Police Service or alone, misled the Commission by concealing that it had made the decision to implement a “tactical option”, taken at the National Management Forum (NMF) meeting on or about 15 August 2012;

- the decision taken to implement the “tactical option” ought reasonably to have foreseen the tragic and catastrophic consequences which ensued;

- the remarks by the National Commissioner at the SAPS parade on 17 August 2012 would have been understood to be an unqualified endorsement of the police action and thereby having the consequence of undermining, frustrating or otherwise impeding the work of the Commission;

- the report prepared by the National Commissioner for the President of the Republic on the 16 August 2012 and the media statement subsequently issued on 17 August 2012, was deliberately amended to conceal the fact that there were two shooting incidents (Scene 1 and Scene 2), resulting in misleading the public that all the deaths had occurred at Scene 1 which arose out of members of SAPS having to defend themselves from an advancing mass;

- the overall testimony by the National Commissioner at the Commission was in keeping with the office which she holds and the discharge of her duties commensurate therewith.

President Zuma has appointed Judge Neels Claasen as Chairperson of the Commission.

Statement issued by Bongani Majola, The Presidency, 21 November 2015