Top cop Masemola distances himself from Phala Phala report classification controversy

Police commissioner General Fannie Masemola on Friday said he did not know the classification of the Independent Police Investigative Directorate’s (IPID) report on its Phala-Phala investigation.

Masemola also confirmed that Presidential Protection Services head Major-General Wally Rhoode has been cleared of wrongdoing after the conclusion of a disciplinary hearing into findings made against him by Public Protector Kholeka Gcaleka two years ago.

Responding to questions in the parliamentary inquiry, Masemola said Rhoode was subjected to a disciplinary process with other police officers.

“The process ran its course. He was found not  guilty,” he said.

MK Party MP Vusi Shongwe asked Masemola whether Rhoode was mandated to investigate the break-in on the farm of President Cyril Ramaphosa.

He said the constitution empowers police to prevent, combat and investigate crime, among other things.

“Any member can do those functions if he knows that work. There is nothing wrong with that. Members do specialise. When in the VIP unit, it does not mean you can’t do any other function.”

Pressed whether any member could just investigate, Masemola said investigations are done by detectives.

“Preliminary investigation, yes, the commander is expected to do preliminary investigations.”

He said the commander finds out about what happened and thereafter assigns detectives or units to take over.

“He is expected to do a preliminary investigation and thereafter a detective or assigned component takes over.”

When asked if IPID’s report on Phala-Phala was top secret, Masemola said he would not know.

“I received a report and based on that we charged General Rhoode on. I am sure the IPID can answer that question better,” he said.

However, committee chairperson Soviet Lekganyane ruled that Shongwe ask his question in writing as the matter was not in Masemola’s affidavit.

This was after he asked Masemola if he was comfortable answering matters not in his statement.

EFF leader Julius Malema said Masemola had been asked about people being searched while testifying on Thursday.

“It was not in his statement,” said Malema, adding that there was nothing stopping Masemola from answering police-related matters when asked unless he had no facts.

MK MP Sibonelo Nomvalo said the question on the classification of Phala Phala report fell within the scope of the parliamentary inquiry in so far as probing corruption and misuse of public resources at SAPS.

 “The question is to make a determination whether a decision to declare the report top secret was correct or not and whether it is related to misuse and unethical behaviour,” Nomvalo said.

Lekganyane upheld the point of order and Shongwe continued asking about the classification of the report.

Masemola reiterated that he did not know whether the report was top secret or not.

“The IPID themselves can be in a better position to respond to that question. IPID does not report to me. They have an executive director who reports to the minister,” he said.

When asked whether he was informed when there was a top secret report, Masemola said it depended whether a report was sent to him or not.

“If it is not directed to me, I would not know,” he said, adding that a report would be inscribed as such.

“I don’t know the classification of the report,” reiterated Masemola.

On Wednesday, Lieutenant-General Nhlanhla Mkhwanazi questioned Mchunu’s classification of the IPID report top secret.

“When you hear a Minister of Police says I have a report from IPID that is classified, you need to ask yourself a question - you are not an intelligence structure (IPID) and yet you classified a report you don’t want to release,” Mkhwanazi said.

He also questioned what the IPID report was doing with the minister and why the document was classified.

“These are things that need to be checked because it is where the system of government fails. You worked to create legislation to try to protect yourselves and the citizens, but if it is manipulated... that the minister can just decide I am classifying this and I am not releasing it to the public, perhaps, does the minister have security clearance and how do you classify something if you are not vetted?”

Acting Police Minister Firoz Cachalia recently said the IPID report had the propensity to disrupt the effective execution of information or operational planning and/or plans as well as to seriously damage operational relations between institutions.

“In light of these, it was absolutely necessary to classify the report ‘Top Secret’. The report will remain so classified until these elements are no longer in existence,” Cachalia said when he was responding to parliamentary questions from ATM leader Vuyo Zungula.

[email protected]