South Africa: Phahlane's Attempt to Slip Out of SAPS Disciplinary Hearing Dismissed

analysis

Former acting national police commissioner Khomotso Phahlane's court application to suspend his SAPS disciplinary hearing on charges of misconduct has been dismissed in the North Gauteng High Court.

In his application, Khomotso Phahlane sought to challenge two investigative reports as well as the legal authority of the National Commissioner to discipline him in the first place. He also maintained that only President Cyril Ramaphosa had the power to discipline him.

Phahlane, said Judge Annelie Basson handing down her ruling on 4 May 2020, had not placed any "persuasive facts" before the court to justify why he had sought to circumvent internal SAPS procedures before approaching the court.

Phahlane was suspended as acting National Commissioner of the South African Police Service on 7 June 2017 on charges of misconduct. Prior to this, he acted in the position from October 2015 to June 2017.

Phahlane was then served on 28 July 2017 with a notice to appear at a disciplinary hearing convened and chaired by Advocate Terry Motau.

From the start, said Basson, Phahlane and his legal representatives sought to challenge various aspects of the disciplinary hearing. The sitting was postponed and reconvened on 18 April 2018 when Phahlane's...

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