Key Takeaways

• Former acting national police commissioner Khomotso Phahlane denies being removed from office due to corruption allegations
• Phahlane claims his suspension by former Police Minister Fikile Mbalula was unlawful and baseless
• The decision to remove Phahlane was made without proper procedure or authorization from the President
• Phahlane was not provided with clear instructions or guidance on handing over power
• The former commissioner has consistently denied wrongdoing and has challenged his removal in court

Introduction to the Controversy
The removal of former acting national police commissioner Khomotso Phahlane has been a topic of controversy for several years. Phahlane has consistently denied that he was forced out of office due to corruption allegations, and has instead claimed that his suspension by former Police Minister Fikile Mbalula was unlawful and baseless. In a recent testimony before Parliament’s ad hoc committee investigating police corruption, Phahlane provided a detailed account of the events leading up to his removal, painting a picture of a rushed and informal decision-making process.

The Events Leading Up to Phahlane’s Removal
Phahlane told the committee that he was summoned to Cape Town in 2017 after receiving a call from Mbalula’s office, with no reasons provided in advance. Upon arrival, he was made to wait for over three hours before being ushered into a meeting that lasted less than five minutes. During this brief meeting, Mbalula did not raise specific charges or provide written instructions, but instead asked Phahlane if it would not be better for him to "step aside" given the "negativity in the media". Phahlane agreed to step aside, but noted that he knew that only the President of the Republic has the authority to remove or suspend a national police commissioner.

The Illegality of Phahlane’s Removal
Phahlane’s removal was not authorized by the President, as required by the Constitution and the SAPS Act. He was not provided with a formal suspension letter, and was given no guidance on handing over power. When he asked Mbalula who he should hand over to and what "stepping aside" meant, he was simply told to "go home". This lack of clarity and procedure has been a major point of contention for Phahlane, who has argued that his removal was procedurally unfair. The former commissioner has consistently denied any wrongdoing, and has challenged his removal in court.

The "Step-Aside" Approach
Phahlane’s removal has been seen by some as a test case for the ANC’s "step-aside" approach, which was later formalized and defined. However, at the time of Phahlane’s removal, this approach was not yet formalized, and Phahlane has argued that he was used as a "guinea pig" for this approach. He told the committee that his removal cannot be found anywhere in the prescriptions of the law, and that he was effectively removed without due process. This has raised questions about the legality and fairness of the "step-aside" approach, and has highlighted the need for clearer procedures and guidelines for removing high-ranking officials.

Conclusion and Implications
The controversy surrounding Phahlane’s removal has significant implications for the accountability and transparency of law enforcement in South Africa. The lack of clarity and procedure in Phahlane’s removal has raised questions about the rule of law and the protection of individual rights. The "step-aside" approach, while intended to address corruption and misconduct, must be implemented in a fair and transparent manner, with clear procedures and guidelines in place. As the ad hoc committee continues its investigation into police corruption, it is essential that the lessons of Phahlane’s removal are learned, and that measures are taken to prevent similar controversies in the future. Ultimately, the goal must be to ensure that law enforcement is accountable, transparent, and effective in serving the people of South Africa.