“I am an example of political interference. What happened on 1 June 2017 was political interference.”
That was a response from former acting National Police Commissioner Khomotso Phahlane claiming that there was political interference when his tenure ended in June 2017.
Phahlane was fielding questions from the parliamentary committee probing alleged political interference within the South African Police Service (SAPS).
He appeared before the ad hoc committee on Thursday after forensic investigator Paul O’Sullivan abruptly left proceedings to catch a flight before completing his testimony.
The committee is investigating allegations made by Lieutenant General Nhlanhla Mkhwanazi, the SAPS KwaZulu-Natal provincial commissioner.
Responding to questions from African National Congress (ANC) MP Thokozile Sokhanyile about alleged political interference within SAPS, Phahlane said the law was clear on who holds appointment powers.
“When the national commissioner appoints anyone from level 14 upwards – major general – that must be with the concurrence of the minister,” he said, before adding that no such legal provision exists.
“Two people get appointed. The president appoints the national commissioner. The minister, following a parliamentary process, appoints the national head of the DPCI. The rest are appointments by the national commissioner.
The DPCI is the Directorate for Priority Crime Investigation unit within the South African Police Service (SAPS), which is commonly known as the Hawks.
“So, any appointment made by a politician amount to political interference,” he said.
Asked whether there were incidents of political interference during his tenure, Phahlane replied, “I’m an example of political interference. What happened on 1 June 2017 was political interference.”
Phahlane was appointed acting national commissioner of SAPS in 2015 by then President Jacob Zuma.
At the time, Phahlane held the rank of Lieutenant General and served as Divisional Commissioner for forensic services.
His appointment followed Zuma’s suspension of the-then National Police Commissioner Riah Phiyega pending the outcome of a board of inquiry into allegations of misconduct and her fitness to hold office.
Phahlane was dismissed from SAPS in 2020 after a three-year suspension over allegations of corruption and misconduct.
An internal investigation found him guilty of failing to implement a R46 million contract for 360-degree panoramic cameras, resulting in more than R24 million in fruitless and wasteful expenditure.
He unsuccessfully challenged his dismissal at the Safety and Security Sectoral Bargaining Council, the Johannesburg Labour Court and the Labour Appeal Court.
The appeal court found no reviewable irregularity in the arbitration ruling that upheld his dismissal.
During his tenure as acting national commissioner, the minister of police was Fikile Mbalula.
Commenting on alleged interference, Phahlane accused Mbalula of acting without legal authority, referring to what he described as a “step-aside” instruction.
“The appointing authority will disappoint. Anyone else who is not clothed with those powers – it’s interference,” he said.
He added that aside from one incident involving the same minister, he had maintained a good relationship with the executive authority.
Phahlane also referred to the case of notorious Mamelodi taxi boss Vusi Mathibela, known as “Khekhe”, who was sentenced to 30 years in prison for the 2015 murder of North West businessman Wandile Bozwana.
Phahlane said that while Mathibela was out on bail, he received a call from Mbalula asking why he had not been arrested.
“I was called by a minister who said, ‘Why is this person not in jail? Why are you not arresting this person?’” Phahlane said.
“And I said, ‘Sorry, minister, that person has been granted bail. If there is another case we can put on him, it must be investigated.’
“There must be a decision taken to say lock this person up. The police will act. And I simply refused.”
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