Ex-national police commissioner Phahlane takes dismissal fight to ConCourt

Former acting national police commissioner Khomotso Phahlane testifies before parliament’s ad hoc committee at the Good Hope Chambers in Cape Town on 14 January 2026. Picture: X / @JustSecuCluster Former acting national police commissioner Khomotso Phahlane has turned to the Constitutional Court (ConCourt) in a renewed effort to overturn his 2020 dismissal and resume his duties within the South African Police Service (Saps). This follows a recent setback after the Labour Appeal Courtthrew out his appealearlier this month.

Phahlane was initially placed on suspension in June 2017 while serving as acting national police commissioner. His employment within the police service was formally terminated in August 2020 over allegations of misconduct linked to his time as head of forensic services. In 2023, the Labour Court dismissed Phahlane’s claim of unfair dismissal.

The court found that the Saps had acted within the law in ending his employment after determining that he had violated provisions of the Public Finance Management Act (PFMA). The judgment, delivered on18 October 2023, centred on a R46 million tender for 360-degree panoramic cameras awarded to Ethemba Forensic Group in 2014. At the time, Phahlane served as divisional commissioner of the police’s forensic services department.

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The court found that he had either intentionally or negligently failed to implement the contract by not issuing purchase orders. As a result of the dispute, Saps incurred fruitless and wasteful expenditure totalling R24.4 million (R24 494 080.65) following a damages claim by the service provider.

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