Prosecutors pause R191m Phahlane case for internal review

Idac’s provisional withdrawal of the R191 million blue-lights corruption case against former acting national police commissioner Khomotso Phahlane and his co-accused has placed a high-profile test of prosecutorial oversight back in the hands of the directorate itself. The charges remain authorised but paused pending an internal review.

The decision, announced by the Independent Directorate Against Corruption, followed a review by acting investigating director advocate Ntuthuzelo Vanara. He will examine certain aspects of the case before it is potentially re-enrolled. The directorate framed the step as procedural rather than final. “The matter remains authorised and falls within the prosecutorial mandate of Idac,” it said. A review panel has already considered the case and found that it was properly authorised and fell within Idac’s mandate.

The prosecution stems from a 2016 contract awarded to Instrumentation for Traffic Law Enforcement (ITL) to supply emergency warning equipment to the South African Police Service. The state alleged that SAPS officials bypassed competitive procurement processes to corruptly favour ITL and its owner, Vimpie Manthata. The contract was worth just over R191 million, of which about R65 million was paid to the service provider. During its investigation, Idac prevented a further payment of R22 million from being made.

The accused span both the police hierarchy and the private sector. They 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. Their previous attempt to have the matter struck off the roll was dismissed by the court.

Phahlane, who led the SAPS Forensic Science Service from 2012 to 2015 before being appointed acting national police commissioner on 15 October 2015, has mounted a sustained challenge to the case. 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 made several unsuccessful attempts to have the case struck off the court roll before the latest provisional withdrawal.

Meanwhile, the matter has carried significant financial consequences. In 2022, the Asset Forfeiture Unit seized assets worth about R75 million in connection with the investigation.

Phahlane has consistently disputed the allegations. He recently appeared before a parliamentary ad hoc committee investigating criminal infiltration and political interference in the criminal justice system, where he submitted a 170-page affidavit arguing that his removal from the position of acting national police commissioner in 2017 by then police minister Fikile Mbalula was unconstitutional. He maintains that he was the victim of a coordinated political plot to prevent his permanent appointment as national police commissioner.

The directorate has also drawn a clear line between this case and a separate matter: 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. The two prosecutions are distinct.

For now, the effect of the latest decision is that the case remains alive. Idac retains the option of re-enrolling the charges once its review is complete, leaving the accountability question at the heart of the procurement allegations unresolved but still formally within the directorate’s prosecutorial mandate. Whether Vanara’s review confirms the case or reshapes it will determine when, and in what form, the R191 million question returns to court.