Spokesman Moses Dlamini said they had conducted an independent investigation into allegations that Phiyega had defeated the ends of justice.
“Based on all the evidence it had, [the Ipid] forwarded its findings to the National Prosecuting Authority (NPA),” said Dlamini.
“It must be noted that it is the NPA that decides whether to prosecute or not. In this case, the NPA agreed with the Ipid’s investigative conclusions and decided not to prosecute.”
In October last year, the Independent Police Investigative Directorate (Ipid) said it would investigate allegations that Phiyega had tipped off Western Cape commissioner Lt-Gen Arno Lamoer about an investigation against him by crime intelligence.
According to reports, Phiyega told Lamoer on three occasions that she was aware he was under investigation.
The Sunday Independent at the time reported that their telephone conversations had been legally recorded by crime intelligence operatives monitoring Lamoer’s calls.
Phiyega denied tipping-off Lamoer.
NPA spokesman Nathi Mncube on Sunday said the Ipid referred the docket to the National Director of Public Prosecutions Mxolisi Nxasana when it had completed its investigation.
It asked Nxasana that a decision be made in terms of section 7(4) of the Ipid Act.
“The NDPP referred the docket to the Director Public Prosecutions, Western Cape, Advocate Rodney de Kock, to make a decision,” he said.
“Advocate De Kock has satisfied himself that the Ipid investigation is complete.”
According to reports on Sunday, plans were afoot to charge Lamoer, Brigadier Sharon Govender, Brigadier Darius van der Ross and Brigadier Kolindren Govender with corruption and racketeering.
Hawks spokesman Paul Ramaloko told the Sunday Independent that the officers were told on Wednesday that warning statements were needed from them.
A warning statement is obtained from suspects once police are convinced of the strength of their prima facie case and are about to send it to the NDPP for a decision.
“We have sent letters asking them to avail themselves so that we can take warning statements next week,” he was quoted as saying.
Ramaloko reportedly said a docket had come back from the DPP which made recommendations that warning statements should be taken from the four officers in “order to get their sides of the story”.
The officers had been investigated for allegations of colluding with drug dealers, according to the report.