The Independent Directorate Against Corruption (Idac) has provisionally withdrawn the R191 million corruption case against former acting national police commissioner Khomotso Phahlane and his co-accused over a controversial police blue-lights contract.
This is a separate case from the 2021 Ekurhuleni Metropolitan Police Department blue-lights scandal in which suspended deputy chief Julius Mkhwanazi and alleged criminal kingpin Vusimuzi “Cat” Matlala are co-accused.
Phahlane and his co-accused were accused of corruption, fraud, theft and money laundering relating to a 2016 contract awarded to Instrumentation for Traffic Law Enforcement (ITL) to supply emergency warning equipment to the South African Police Service (SAPS).
The contract was worth just over R191 million, of which about R65 million was paid to the service provider. Idac prevented a further payment of R22 million from being made during its investigation.
Idac said the decision to provisionally withdraw the charges followed a review by acting investigating director advocate Ntuthuzelo Vanara, who will consider certain aspects of the case before it is potentially re-enrolled.
The directorate stressed that the withdrawal does not mean the matter has been abandoned. “The matter remains authorised and falls within the prosecutorial mandate of Idac,” the directorate said.
The case has already been considered by the review panel, which found that it was properly authorised and fell within Idac’s mandate.
The state previously alleged that SAPS officials bypassed competitive procurement processes to corruptly favour ITL and its owner, Vimpie Manthata.
The case has been the subject of a lengthy legal battle. In 2022, the Asset Forfeiture Unit seized assets worth about R75 million in connection with the investigation.
Phahlane had also made several unsuccessful attempts to have the case struck off the court roll before the latest provisional withdrawal.
Phahlane was head of the SAPS Forensic Science Service from 2012 to 2015 before being appointed acting national police commissioner on 15 October 2015.
He was suspended on 1 June 2017 and dismissed from the police service on 30 July 2020 following an internal disciplinary process relating to allegations of dishonest conduct and procurement irregularities.
He has consistently disputed the allegations against him. Phahlane recently appeared before a parliamentary ad hoc committee investigating criminal infiltration and political interference in the criminal justice system.
In a 170-page affidavit submitted to the committee, he argued that his removal from the position of acting national police commissioner in 2017 by then police minister Fikile Mbalula was unconstitutional.
Phahlane maintains that he was the victim of a coordinated political plot to prevent his permanent appointment as national police commissioner.
His co-accused include former deputy national commissioner for human resources management Lieutenant General Bonang Mgwenya; former Gauteng police commissioner Deliwe de Lange; Gauteng deputy police commissioner Nombhuruza Lettie Napo; retired divisional commissioner Lieutenant General Ramahlapi Johannes Mokwena; retired major general Ravichandran Pillay; Colonel Thomas Dumas Marima; and Sergeant Maetapese Joseph Mulaiwa.
The civilian accused are Judy Rose, Samantha Andrews and Manthata, the owner of ITL. Their previous attempt to have the matter struck off the roll was dismissed by the court.
The latest decision means the case remains alive, with Idac retaining the option of re-enrolling the charges after completing its review.