Ex-national police commissioner Phahlane loses appeal to get job back

Former acting national police commissioner Khomotso Phahlane. Picture: Gallo Images/Brenton Geach Former acting national police commissioner Khomotso Phahlane has suffered a blow after the Labour Appeal Court upheld his 2020 dismissal. Judge Portia Nkutha-Nkontwana delivered the majority ruling on Thursday, dismissing Phahlane’s appeal application.

“The following order reflects the unanimous outcome of this court, notwithstanding the difference in reasoning. The appeal is dismissed with no order as to costs,” Nkutha-Nkontwana said. Phahlane served as acting national police commissioner from October 2015 until June 2017, when he was asked to step aside.

He was later arrested and charged with fraud and corruption in February 2018. His employment with the police formally ended in July 2020. Phahlane’s subsequent legal challenge to his sacking was unsuccessful, with the Labour Court rejecting his unfair dismissal claim in 2023.

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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). The18 October 2023 judgmentstated 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.

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