By Lehlohonolo Lehana.
@GalloImages.
Former national police commissioner Khomotso Phahlane has suffered a legal blow in his bid to review a decision that found that his dismissal was fair.
Phahlane approached the Johannesburg Labour Court after the Safety and Security Sectoral Bargaining Council found that his dismissal in July 2020 was an appropriate sanction.
He was fired over a 2014 contract with Ethemba Forensic Group for the purchase of panoramic cameras.
Phahlane was head of the forensic services division at the time.
The Labour Court said Phahlane’s conduct had “put in motion a sequence of events that ultimately led to significant financial loss to the [police]”.
“It is common cause that [Phahlane’] was dismissed as a consequence of his conduct while he was employed in the position of divisional commissioner: forensics division.
“The commissioner’s award is not rendered unreasonable simply because he was of the view that the applicant’s conduct post his appointment as the acting national commissioner was an aggravating factor.”
The court said having considered the evidence and the award, there was no merit in the claim that Phahlane’s dismissal was procedurally unfair.
No costs order was awarded against Phahlane by the court.
Meanwhile, Phahlane and a string of former senior generals face a raft of corruption, fraud and money laundering charges related to a R191 million tender for Gauteng police to fit 1 550 vehicles with blue lights, sirens, and radios, among other equipment.
His co-accused are former deputy national commissioner Bonang Mgwenya; former Gauteng commissioner Deliwe de Lange; Gauteng deputy commissioner Nombhuruza Napo; retired national supply chain head Ramahlapi Mokwena; axed national supply chain head James Ramanjalum; Thomas Marima and Maetapese Joseph Mulaiwa.
They are charged alongside three civilians, including Vimpie Manthatha, the owner of Instrumentation for Traffic Law Enforcement, which received the fraudulent tender.