Former acting national police commissioner Kgomotso Phahlane still holds that his removal from that position was unlawful.
And the person who effected it, he told the parliament’s ad hoc committee probing political interference in the criminal justice system, was not empowered by law to do so.
That person is none other than the then police minister Fikile Mbalula, who is now the administrative boss of the ANC.
On Wednesday, Phahlane informed the committee members about a call he received from Mbalula’s ministerial office in June 2017, while he was conducting his own business.
Step-aside policy
The instruction was simple and straightforward: leave whatever you are doing in Pretoria and fly down to Cape Town to see the minister immediately.
He complied like a disciplined subordinate and swiftly made his way to Cape Town.
Despite his rush to get to Cape Town as instructed, he had to wait for Mbalula for three hours for what was to be a five-minute-long meeting when the minister eventually showed up.
Phahlane was told that the drama around him, which was widely reported in the media, was embarrassing and that he should step aside.
“I was the guinea pig of the step-aside policy [which is now popular in the ANC among leaders criminally charged],” said Phahlane.
When he asked what stepping aside meant, he was asked to go home, and the meeting was over within five minutes, and he was not told who to hand over to.
On my way out, I encountered Mister Bo Mbindwane, the political advisor to the minister, who was entering with Lt-Gen [Lesetja] Mothiba, a colleague of mine.
Notice of suspension
“At the airport while waiting for my flight, I was following the minister making the announcement to the effect that I was removed and that I was asked to provide reasons, within 48 hours, why I should not be suspended and that Lt-Gen Mothiba, who is incorruptible, is now the new acting national commissioner,” said Phahlane.
“I was not removed by the president of the Republic of South Africa as the constitution and Police Act dictate. I was made to step aside by the minister of police.
“No law provides for such; that is why we continue to say my removal from office cannot be found anywhere in the prescripts.
“Later on the 7th of June, I received a call from a colleague of mine, Lt-Gen Sekete, who was saying I am being asked to deliver documents to you; it is a notice of suspension.
“When I received the documents, I called Gen Mothiba. I asked him, ‘are you trying to sort out the mess that the minister has created?’
“He was very apologetic and said, ‘general, I am very sorry. It is true; it is a mess because you can never suspend someone verbally without documents.”
Removal from the office was unlawful
Phahlane told the committee that he firmly believed that the move to suspend him only a week after his rushed meeting with Mbalula in Cape Town was a realisation by the minister that he had overreached.
“To date I do not have a letter signed by the president that says you are being removed as the national acting commissioner.
“That removal was unlawful and irrational, but it does not belong here; it belongs in the courts. That is why I am addressing this issue in court and with the public protector.
“There was no reason for me to argue with the minister. I walked away because I did not want any conflict. I was removed by the minister, who was legally prohibited from doing so.”
