Key Takeaways:
- Former acting national police commissioner Lt-Gen Khomotso Phahlane has accused former police minister Fikile Mbalula of exceeding his authority by suspending him.
- Phahlane was suspended in 2017 amidst allegations of corruption, including claims that he received kickbacks from a service provider awarded police tenders.
- He described his removal as "unlawful and irrational" and argued that only the president has the authority to remove a national commissioner.
- Phahlane is currently challenging his dismissal from the SAPS in the Labour Appeal Court, seeking to have the decision declared unlawful.
- The ad hoc committee is investigating allegations of corruption in the criminal justice system, initially raised by KwaZulu-Natal police commissioner Lt-Gen Nhlanhla Mkhwanazi.
Introduction to the Controversy
The controversy surrounding the suspension of former acting national police commissioner Lt-Gen Khomotso Phahlane has taken a new turn, with Phahlane accusing former police minister Fikile Mbalula of exceeding his authority. Phahlane was testifying before parliament’s ad hoc committee, which is investigating allegations of corruption in the criminal justice system. The committee’s investigation was initially sparked by allegations raised by KwaZulu-Natal police commissioner Lt-Gen Nhlanhla Mkhwanazi last year. Phahlane’s testimony marks the beginning of the second phase of the committee’s proceedings, which resumed after a break in December.
Phahlane’s Suspension
Phahlane was appointed acting national police commissioner in 2015 by former president Jacob Zuma, following the suspension of Riah Phiyega. However, nearly two years later, he was asked to "step aside" by Mbalula amidst serious allegations of corruption. The allegations included claims that Phahlane received kickbacks, such as luxury vehicles and an R80,000 sound system, from a service provider awarded police tenders. Phahlane described his removal as "unlawful and irrational" and argued that only the president has the authority to remove a national commissioner. He claimed that he was not removed by the president, as required by the constitution, but was instead told to "step aside" by Mbalula.
The Day of Suspension
Phahlane recounted the day of his suspension, explaining that he was summoned to meet Mbalula in Cape Town following a wave of negative media reports. After waiting for three hours, the meeting lasted only five minutes, during which Mbalula asked Phahlane if it would not be better for him to "step aside" given the negative media coverage. Phahlane agreed, stating that he was not opposed to redeployment as a member of the SAPS. However, when he asked for a technical definition of what "stepping aside" entailed, he was simply told to "go home". Phahlane claimed that the legal protocols for his removal were ignored, and that he was not provided with a clear explanation of the reasons for his suspension.
Challenging the Decision
Phahlane argued that he did not challenge the decision at the time because he wanted to avoid conflict with Mbalula. He stated that he had always been told that ministers serve at the behest of the president, and therefore, he did not see the need to contest the decision. However, he maintained that his removal was unlawful and that he was not provided with a letter signed by the president stating that he should be removed. Phahlane is currently challenging his dismissal from the SAPS in the Labour Appeal Court, seeking to have the decision declared unlawful. The disciplinary hearing that led to his dismissal found him guilty of "elements of dishonesty" regarding a 2014 contract for panoramic cameras during his tenure as the head of forensic services.
Conclusion and Next Steps
The ad hoc committee’s investigation into allegations of corruption in the criminal justice system is ongoing, with Phahlane’s testimony providing valuable insight into the circumstances surrounding his suspension. The committee will likely continue to hear from other witnesses and gather evidence to determine the extent of corruption within the SAPS. Phahlane’s challenge to his dismissal in the Labour Appeal Court is also pending, and the outcome of this case may have significant implications for the SAPS and the broader criminal justice system. As the investigation and legal proceedings continue, it remains to be seen what further revelations will emerge and what consequences will follow for those implicated in corruption.