The Independent Directorate Against Corruption (IDAC) has provisionally withdrawn a R191 million corruption case against former acting national police commissioner Khomotso Phahlane and his co-accused. The case relates to a 2016 contract awarded to Instrumentation for Traffic Law Enforcement (ITL) to supply emergency warning equipment to the South African Police Service (SAPS). Phahlane and his co-accused were accused of corruption, fraud, theft, and money laundering.
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. The directorate said the decision to provisionally withdraw the charges followed a review by acting investigating director advocate Ntuthuzelo Vanara. Vanara will consider certain aspects of the case before it is potentially re-enrolled.
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, with Phahlane making several unsuccessful attempts to have the case struck off the court roll.
In 2022, the Asset Forfeiture Unit seized assets worth about R75 million in connection with the investigation. 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.
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.
Phahlane's co-accused include former deputy national commissioner for human resources management Lieutenant General Bonang Mgwenya and several other high-ranking police officials. The civilian accused are Judy Rose, Samantha Andrews, and Vimpie 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.
The provisional withdrawal of the case does not mean it has been abandoned, according to IDAC. The matter remains authorised and falls within the prosecutorial mandate of IDAC. The directorate retains the option of re-enrolling the charges after completing its review. This development is separate from the 2021 Ekurhuleni Metropolitan Police Department blue-lights scandal involving suspended deputy chief Julius Mkhwanazi and alleged criminal kingpin Vusimuzi "Cat" Matlala.
Key points
- The case involves a R191 million contract awarded to Instrumentation for Traffic Law Enforcement (ITL) to supply emergency warning equipment to the South African Police Service (SAPS).
- Phahlane and his co-accused were accused of corruption, fraud, theft, and money laundering relating to the contract.
- The case has been provisionally withdrawn, but remains authorised and may be re-enrolled after a review by IDAC.
