SAPS had fair reason to dismiss Khomotso Phahlane, says bargaining council | News24

Former SAPS head Khomotso Phahlane. Picture: Sarel van der Walt

  • Former appearing nationwide police commissioner General Khomotso Phahlane has misplaced a bid difficult his dismissal from SAPS.
  • Phahlane was dismissed in July 2020. 
  • The Safety and Security Sectoral Bargaining Council mentioned Phahlane ‘sought to apportion blame to everybody else however himself.

Former appearing nationwide police commissioner General Khomotso Phahlane has misplaced one other bid difficult his dismissal from the police.

The Safety and Security Sectoral Bargaining Council (SSSBC) mentioned Phahlane had a higher duty to make sure that SAPS’ funds and belongings had been protected, however he failed to take action. 

Commissioner Joyce Nkopane mentioned:

Having thought-about the proof on this matter and all different elements, I discover that dismissal was an acceptable sanction within the circumstances. Accordingly, the respondent had a good purpose to dismiss the applicant.

Phahlane was dismissed over a 2014 contract with Ethemba Forensic Group for the acquisition of panoramic cameras.

After Ethemba was awarded the contract – the unsuccessful bidder Forensic Data Analysts (FDA) disputed the award, saying Ethemba’s product didn’t adjust to specs. 

Phahlane, who headed the forensic providers division, really useful that the contract issued to Ethemba be withdrawn, “… since the bid was misleading and not compliant with the specifications”. 

According to City Press, Ethemba did not deliver the cameras because supply chain management had accepted its bid with incorrect specs, and the forensic providers division refused to pay.

Ethemba sued the SAPS when the acquisition order was not forthcoming, ensuing within the awarding of R24 million to Ethemba for breach of contract, the publication mentioned.  

In her ruling, Nkopane mentioned she discovered that SAPS had confirmed that Phahlane, “… intentionally caused the non-compliance in respect of the contract for the purchase of 360-degree panoramic cameras.

“The applicant refused to put orders as per the mentioned settlement. He failed and or refused to supply and take any steps to mitigate and help the opposite departments in guaranteeing that steps are taken to keep away from litigation on this matter.”

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Nkopane mentioned the failure to behave appropriately had resulted in an award being made in opposition to the SAPS to pay R24 494 080.65.

“The respondent [SAPS] didn’t derive any profit for this expenditure,” she said.

Nkopane also said Phahlane did not appreciate the wrongfulness of his conduct.

“In truth, the applicant sought to apportion blame to everybody else however himself,” she said.

“The applicant didn’t present any regret and actually indicated that he wouldn’t have place[d] an order within the circumstances the place there was a contract, which he did nothing to make sure that it was cancelled.”

Phahlane was fired on 30 July after he was discovered responsible of parts of dishonesty. He then took the case to the Labour Court, in search of to reverse his dismissal.

The Labour Court dismissed his bid in August.

Judge Andre van Niekerk mentioned the courtroom didn’t have the jurisdiction to entertain Phahlane’s declare for ultimate aid.  

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