Khomotso Phahlane, the former Lieutenant-General of the South African Police Service (SAPS), has provided a detailed account of his career, dismissal, and the allegations of misconduct against him in a comprehensive affidavit submitted to a parliamentary ad hoc committee investigating claims made by Lieutenant-General Nhlanhla Mkhwanazi.
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Phahlane began his career in SAPS in 1985 as a student police constable after completing training at Hammanskraal Training College.
Over time, Phahlane advanced through the ranks, assuming crucial roles in crime intelligence, forensic services, and human resource management.
Reflecting on his career, Phahlane stated: “I can safely state without any fear of contradiction that I am well versed in the SAPS functions and its legislative mandate, including the constitutional objectives.”
Back-to-basics strategy
In 2010, Phahlane was appointed divisional commissioner of forensic services, where he focused on reducing forensic backlogs. Under his leadership, the backlog dropped significantly, with a 66% reduction in his first year.
“The processing of forensic evidence and the delivery of forensic reports within shorter timelines became the focal point within the Forensic Services environment,” he said.
Then-president Jacob Zuma appointed Phahlane as acting national commissioner of SAPS on October 14, 2015.
He implemented the “back-to-basics strategy”, aimed at improving policing visibility and operational efficiency.
However, his tenure was cut short on June 1, 2017, when then-minister of police Fikile Mbalula directed him to step aside due to allegations of corruption.
Phahlane complied but questioned the legality of the directive.
“Lest we forget, the appointing authority in the position of the national commissioner of police or acting national commissioner of police was the president of the Republic, and, in law, minister Mbalula had no authority to instruct me to step aside.”
Phahlane was dismissed from SAPS on August 7, 2020, following expedited disciplinary hearings.
He was charged with three counts of misconduct related to procurement irregularities, including allegations of fruitless expenditure amounting to R24-million.
Unfair and unlawful dismissal
He described the process as “a violation of the Department of Public Service and Administration’s protocol” and claimed his dismissal was “unfair and unlawful”.
Phahlane challenged the decision through the Safety and Security Sectoral Bargaining Council and the Labour Court, but both upheld the dismissal. He has since appealed the ruling.
“I contend that the said payment was reckless on the part of the national commissioner and not on my part.
“My conduct at all material times was consistent with Section 45 of the PFMA [Public Finance Management Act] and sought to prevent fruitless and wasteful expenditure.”
Phahlane has faced numerous allegations, including claims of corruption, fraud, and misuse of public resources.
He has been accused of benefiting from questionable procurement contracts, owning vehicles and a house acquired through corrupt means, and interfering in investigations. He has denied these allegations, calling them “baseless and unfounded”.
He also criticised the involvement of private investigator Paul O’Sullivan and former Independent Police Investigative Directorate executive director Robert McBride in the investigations against him.
“I have endured relentless and heightened character assassination, insults, and baseless, unsubstantiated, and malicious allegations from Mr Robert McBride and Mr Paul O’Sullivan,” he said.
Phahlane alleged that the two orchestrated a propaganda campaign to tarnish his reputation, using state resources and media platforms to spread falsehoods.
Procurement of blue lights and sirens
Phahlane is currently facing charges in two high-profile cases related to the procurement of blue lights and sirens for SAPS vehicles in Gauteng and Brooklyn concerning alleged procurement irregularities in the crime intelligence division.
He maintains his innocence. “From the documents disclosed and affidavits perused, including factual reality, one cannot find a shred of evidence to sustain the allegations and/or charges preferred against me.”
In his affidavit, Phahlane called for reforms within SAPS to address political interference and improve efficiency.
“The Employment Regulations, 2018, in their current form, contain provisions legitimising political interference, encroachment, and/or overreach by the executive [police minister], not envisioned by the constitution,” he stated.
He also recommended reconfiguring the crime intelligence division, which he described as being “in the intensive care unit”.
Despite the allegations and legal battles, Phahlane remains resolute.
“I take pride in remaining resolute despite a mountain of baseless and unsubstantiated allegations of corruption, systematic corruption, money laundering, and theft, as well as a well-orchestrated and sustained propaganda machine unleashed against me and my family.”
Phahlane has urged the ad hoc committee to conduct thorough investigations into the allegations against him and hold accountable those responsible for any wrongdoing.
“I refuse to sell my soul to anyone, more so to someone who is foreign in our country at the expense of our people,” he said.
