Quick Read
- Former acting national police commissioner Khomotso Phahlane has appealed his 2020 dismissal to the Constitutional Court.
- This follows a Labour Appeal Court dismissal of his appeal on February 5, 2026.
- Phahlane’s dismissal was linked to misconduct allegations over a R46 million tender in 2014, leading to R24.4 million in fruitless expenditure.
- He confirmed his ConCourt appeal during testimony before Parliament’s Ad Hoc Committee on February 26, 2026.
- Phahlane declined to answer questions about his dismissal, citing ongoing legal processes.
CAPE TOWN (Azat TV) – Former acting national police commissioner Khomotso Phahlane has escalated his four-year battle against dismissal, taking his case to South Africa’s Constitutional Court (ConCourt). This significant move, confirmed during his testimony before Parliament’s Ad Hoc Committee on Thursday, February 26, 2026, follows a recent setback earlier this month when the Labour Appeal Court dismissed his appeal for reinstatement.
Phahlane, whose employment with the South African Police Service (Saps) was formally terminated in August 2020, is seeking to overturn that decision and resume his duties. His dismissal stemmed from allegations of misconduct linked to his tenure as head of forensic services, specifically concerning a R46 million tender awarded to Ethemba Forensic Group in 2014 for 360-degree panoramic cameras.
Phahlane’s Legal Journey to the Constitutional Court
The former commissioner’s legal challenges began in earnest after his suspension in June 2017 while he was serving as acting national police commissioner. The core of the allegations against him revolves around the R46 million tender. The Labour Court, in its October 18, 2023, judgment, found that Saps had acted lawfully in terminating Phahlane’s employment, determining he had violated provisions of the Public Finance Management Act (PFMA).
Specifically, the court concluded that Phahlane had either intentionally or negligently failed to implement the contract by not issuing purchase orders. This failure led Saps to incur fruitless and wasteful expenditure totaling R24.4 million (R24,494,080.65) after the service provider filed a damages claim. Following this, Phahlane approached the Labour Appeal Court in September 2025, but his appeal for reinstatement was dismissed on February 5, 2026, paving the way for his latest appeal to the ConCourt.
Parliamentary Confirmation and Committee Scrutiny
During his appearance before Parliament’s Ad Hoc Committee, Khomotso Phahlane confirmed his decision to escalate the matter to the Constitutional Court. He indicated a preference not to respond to questions directly related to his dismissal, stating, “It is proper that we allow the Constitutional Court processes to be exhausted.” This stance drew criticism from some Members of Parliament (MPs).
Evidence leader Norman Arendse suggested that Phahlane’s dismissal was linked to alleged ‘irregularities’ in the Ethemba tender. Phahlane, however, rejected this assertion, clarifying, “The only thing that I was accused of, which I’m saying I was not party to that, is the failure to cancel the contract.” He added that he was unaware of any specific irregularities Arendse might be referencing. Arendse, while acknowledging the severe financial losses Saps incurred due to what he described as reckless conduct, wished Phahlane well in his arduous legal challenge, noting it would be ‘a hard row to hoe.’
Implications of the Ongoing Phahlane Case
The ongoing legal saga of Khomotso Phahlane highlights the persistent scrutiny faced by former high-ranking officials within South Africa’s public service, particularly concerning financial accountability. His appeal to the highest court underscores the complexity and protracted nature of disputes involving alleged misconduct and public funds. The outcome of this Constitutional Court challenge could set a significant precedent for how high-profile dismissal cases are handled within state institutions, especially those involving large-scale tenders and the Public Finance Management Act. The parliamentary committee’s engagement with Phahlane, even as he declined to delve into specifics, reflects the continued public and legislative interest in ensuring transparency and accountability within the South African Police Service.
The decision by former acting national police commissioner Khomotso Phahlane to pursue his dismissal appeal in the Constitutional Court, following multiple rejections by lower courts, signals his determination to clear his name and potentially regain his position, placing the case under the highest judicial review in South Africa.