Crime intelligence head Lt-Gen Dumisani Khumalo has been accused of “conspiring to dismiss” former Western Cape head Maj-Gen Mzwandile Tiyo using the so-called expeditious disciplinary process.
The controversial process was designed to promptly handle cases of serious misconduct in the police, but has been criticised for undermining the principles of natural justice, bypassing fair hearings and fast-tracking the dismissal of members without due process,
Tiyo was fired for serious misconduct on January 13 — for the second time in five months.
In a bid to have him reinstated, Ian Levitt Attorneys have sent an appeal to national police commissioner Gen Fannie Masemola, in which they made the conspiracy claim.
Tiyo’s lawyer, Janyde Cupido, argued that not long after Tiyo was reinstated on November 25 — after his first dismissal — Khumalo gave him a notice to attend an expeditious process, which was followed by his second dismissal.
Cupido said the process went against advice to implement a general disciplinary hearing.
“This process has been found by the labour courts to be unfair in that it deprives the employee of the right to cross-examine witnesses and test the evidence of the employer,” she argued in the appeal.
A similar argument was made in the labour court last year by Maj-Gen Feroz Khan in his urgent court application to interdict Khumalo from proceeding with the expeditious process against him. Khan was successful in his application as the police were directed to convene a normal disciplinary hearing. Khumalo had argued he was after police procedure.
This process has been found by the labour courts to be unfair in that it deprives the employee of the right to cross-examine witnesses and test the evidence of the employer,” she argued in the appeal.
But labour court acting judge Lindiwe Vukeya said a normal disciplinary process would “prevent a situation where the referee also becomes a player and the process will allow for a proper ventilation of the issues between the applicant and his employer”.
Cupido alleged that the chair of the expeditious process, Maj-Gen Jabulani Khumalo, had ignored police minister Senzo Mchunu’s letter to Tiyo, which confirmed that the allegations of misconduct would be finalised through a normal disciplinary action.
Khumalo told the Sunday Times this week he could not comment on the matter.
This week, Tiyo lodged a dispute with the CCMA for unfair dismissal.
“If the SAPS genuinely believed that they had a case against Gen Tiyo then the correct legal processes should have been followed to hold him accountable,” said Cupido.
“The conduct of the SAPS towards Gen Tiyo has been nothing but a political witch hunt and their actions will be vigorously challenged through the appropriate forums and through the subpoenaing of witnesses and their cross-examination, through which the truth will emerge.”
Tiyo’s expeditious process was held on December 27. He was charged with misconduct for failing to report the loss of his service pistol, defeating the ends of justice, housebreaking and attempted murder in December 2023.
It was alleged that Tiyo defeated the ends of justice when he did not report the theft of his “state-issued firearm”, laptop, iPad and cellphones, which were taken from his car. It is also alleged that he incited “a criminal vigilante group known as Amarhuzo” to assault the suspects, and commanded members of his team to break into a house in Bellville where the stolen items were retrieved.
Tiyo has denied the allegations, saying he never lost his service pistol or any other belongings as claimed in his case. But he admitted that his vehicle was broken into in Mbekweni township, at a shop near a house he had recently bought and was refurbishing.
“I can’t say much because we are still challenging this process. I have been unfairly treated. I am being painted as a criminal with links to gangs, but not a shred of evidence is produced to substantiate these allegations,” Tiyo said.
After this incident, a Maj-Gen Bongani Maqashalala wrote a briefing note — which the Sunday Times has seen — to Khumalo, advising him that the house where people were killed belonged to Tiyo.
He told Khumalo that they had credible information that “perpetrators were looking for the brother of one of the deceased, who is alleged to be involved in crimes committed against foreign nationals in the area”.
“During the course of the investigation it was determined that the property on which the murders occurred belongs to ... Maj-Gen Tiyo, who confirmed this to members close to the investigation and [said] that he was having difficulty in evicting the occupants.”
In the note, Maqashalala also told Khumalo that Tiyo had requested police to investigate a correctional services official who was spreading rumours that Tiyo had “planned the hit” because they were resisting vacating the premises.
However, Tiyo has refuted the allegations by producing title deeds for properties he owns with his wife, which do not include the house where the incident occurred. The Sunday Times found two properties listed under Tiyo and his wife's name — one in Paarl where they live and another in Mbekweni.
Police arrested Makhaya Cekiso on August 10 in connection with the murders. According to Mbekweni police, the case is still under investigation.
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