Ex-national police commissioner Phahlane takes dismissal fight to ConCourt
· Citizen
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).
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This follows a recent setback after the Labour Appeal Court threw out his appeal earlier 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.
Phahlane’s dismissal as national police commissioner
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 on 18 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.
After approaching the Labour Appeal Court in September 2025 for reinstatement, Phahlane’s appeal was dismissed on 5 February 2026.
Phahlane heads to ConCourt
During his testimony before parliament’s ad hoc committee on Thursday, 26 February, Phahlane confirmed that he had now escalated the matter to the ConCourt and indicated that he would prefer not to respond to questions relating to his dismissal.
“It is proper that we allow the Constitutional Court processes to be exhausted,” he said.
His stance drew criticism from some MPs.
Evidence leader Norman Arendse suggested that Phahlane’s dismissal was linked to alleged “irregularities” in the Ethemba tender.
The former police official rejected this assertion.
“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,” Phahlane said.
He added: “I don’t know which irregularities the senior counsel is selectively referring to”
Arendse maintained that Saps had suffered financial losses running into millions due to what had been described as reckless conduct, but nonetheless wished Phahlane well in his legal challenge.
“We all know that is going to be a hard row to hoe, so good luck,” Arendse said.
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