Phahlane served as acting national police commissioner from October 2015 until June 2017.
Former acting national police commissioner Khomotso Phahlane has told parliament that his dismissal was irrational and unlawful, alleging that there was an agenda to push him out of the South African Police Service (Saps).
Phahlane appeared on Wednesday before parliament’s ad hoc committee probing criminality, political interference and corruption within the justice system.
His testimony focused on his suspension and removal from office.
Ex-national police commissioner Khomotso Phahlane testifies
As evidence leader Norman Arendse outlined Phahlane’s qualifications and career on Wednesday, Phahlane rejected any suggestion that his appointment to senior management within Saps was questionable.
He told the committee that he had steadily risen through the ranks over many years, saying he was not a “fly-by-night cop”.
Phahlane said he was promoted to senior management in 2001 and later attained the rank of lieutenant-general in 2007.
“I did not ascend to that level only when I became appointed as an acting national commissioner,” the former police boss said.
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Phahlane served as acting national police commissioner from October 2015 until June 2017, when he was asked to step aside.
He explained on Wednesday that the request came on 1 June 2017, followed by a formal suspension seven days later.
“I was a guinea pig of the step aside policy because it was first applied on me for whatever reasons,” he told the committee.
Events leading to suspension
He described receiving a call from then police minister Fikile Mbalula’s office while he was in Pretoria, instructing him to travel to Cape Town for a meeting.
According to Phahlane, after arriving in the Western Cape, he waited for more than three hours for a meeting that lasted “less than five minutes”.
At the time, allegations against him were dominating news headlines.
Phahlane informed MPs he agreed to the request to step down.
“I agreed because I am not glued to any position.”
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However, he told the committee that while at Cape Town International Airport, he saw Mbalula announce on television that he had been “removed” and was required to provide reasons within 48 hours why he should not be suspended.
The former police boss claimed he only received a formal suspension notice on 7 June.
“You never suspend someone verbally without documents.”
He maintained that the police minister had no legal authority to remove him and that, constitutionally, such a decision rested with then-president Jacob Zuma.
“To date, I don’t have a letter signed by the president which is saying you are being removed as an acting national commissioner.”
Phahlane told the committee he chose not to challenge the suspension at the time because he served at the behest of the president and wanted to avoid confrontation.
“I was never in that mode. I don’t protest. I walked away because I don’t want any conflict.”
He said this did not mean he accepted the legality of the process.
Phahlane’s disciplinary charges under scrutiny
Phahlane was later arrested and charged with fraud and corruption in February 2018.
He subsequently faced internal disciplinary proceedings, which he believes were deeply flawed.
He informed the committee that the original 11 disciplinary charges against him were “concocted”.
These charges were instituted in terms of Regulation 8 of the Saps disciplinary regulations, which governs the process to be followed in cases of serious misconduct that warrant a formal disciplinary hearing.
“Those charges were slowly falling away until there were three charges left.”
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Phahlane claimed he was never afforded an opportunity to respond to or plead to those remaining charges.
He further alleged that new and unrelated charges were later introduced.
According to Phahlane, the new charges were pursued through the “expeditious process”, also known as Regulation 9, which allows for swift disciplinary action in cases of serious misconduct.
Watch the ad hoc committee below:
He argued that this regulation was being misused.
“The expeditious process is supposed to be used where, for example, there is direct evidence, something that you cannot contest,” Phahlane remarked.
“When the expeditious process was put in place, it was to, in inverted commas, make provision for a summary dismissal because there can never be any justification for a member of the South African Police Service involved in crime,” he added.
Dismissal upheld by Labour Court
Phahlane’s employment with the police came to an end in July 2020.
His subsequent challenge to the sacking was unsuccessful, with the Labour Court rejecting his unfair dismissal case in October 2023.
In its ruling, the court held that Saps had acted lawfully in terminating his services after finding that, during his tenure as head of forensic services, he had contravened the Public Finance Management Act (PFMA).
The 18 October judgment stated that Phahlane had either deliberately or carelessly failed to give effect to a R46-million agreement for the acquisition of 360-degree panoramic cameras.
This led to Saps incurring R24.4 million (R24 494 080.65) in fruitless and wasteful expenditure.
Despite the ruling, Phahlane has continued to contest his dismissal.
He told the committee that he believes both disciplinary processes instituted against him were “unlawful”.
He argued that the national police commissioner should be subjected to a fitness-to-hold-office inquiry rather than ordinary Saps disciplinary regulations.
“So both processes were not to apply to me,” the former police boss said.
Phahlane questioned why he wasn’t directed to go back to his previous role when he stepped aside.
“If they wanted they could have allowed me to go to my position as the divisional commissioner of forensic services and then take action in line with the discipline regulations because they would have fully and squarely applied on me.”
The former national commissioner has since taken his case to the Labour Appeal Court, where he is seeking reinstatement.
He told the committee that he was expecting a ruling either this week or next week.
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