By Johnathan Paoli
The corruption case against former acting National Police Commissioner Khomotso Phahlane and his co-accused over a R191-million SAPS blue-lights contract has been provisionally withdrawn, with prosecutors saying the matter will be reconsidered before it is re-enrolled.
The Investigating Directorate Against Corruption (IDAC)’s spokesperson Henry Mamothame confirmed that the case required a ‘reconsideration’, before it might return to court.
“The Investigating Directorate Against Corruption (IDAC) has provisionally withdrawn the case against the former acting police commissioner, Khomotso Phahlane and his co-accused, following careful consideration by the Acting Investigating Director, Ntuthuzelo Vanara to peruse certain aspects of the case before re-enrolling it,” Mamothame said.
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The decision concerns a 2016 South African Police Service (SAPS) contract for the supply of emergency warning equipment, which was valued at just over R191-million.
According to IDAC, about R65-million had been paid to the service provider, Instrumentation for Traffic Law Enforcement (Pty) Ltd, while a further R22-million payment was stopped before it could be made as investigators advanced their probe.
The accused face charges including corruption, fraud, theft and money laundering.
Mamothame stressed that the case had previously been scrutinised internally and that the withdrawal did not stem from a finding that the investigation was improperly authorised.
“This matter has already been subjected to the Review Panel and it was found to have been properly authorised and that it falls within the IDAC’s mandate,” he said.
Phahlane is charged alongside a number of former senior police officials, including former Deputy National Commissioner for Human Resources Management Lieutenant-General Bonang Mgwenya, former Gauteng Police Commissioner Lieutenant-General Deliwe de Lange and Gauteng deputy Police Commissioner for Asset Management Major-General Nombhuruza Lettie Napo.
Also accused are retired Divisional Commissioner: Supply Chain Management Lieutenant-General Ramahlapi Johannes Mokwena, retired Supply Chain Management head Major-General Ravichandran Pillay, Colonel Thomas Dumas Marima and Sergeant Maetapese Joseph Mulaiwa.
The civilian accused are Judy Rose, Samantha Andrews and Vimpie Manthata, identified by IDAC as the owner of Instrumentation for Traffic Law Enforcement.
The accused had previously unsuccessfully sought to have the matter struck off the court roll.
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IDAC said Vanara’s decision was aimed at allowing further consideration of aspects of the case before it returns to court.
The directorate did not provide a date for the matter to be re-enrolled.
“The accused were facing charges of corruption, fraud, theft and money laundering. Their matter relates to a contract to supply emergency warning equipment for the South African Police Service (SAPS) in 2016. The contract was worth just over R191 million.
However, R65m was paid to the service provider, Instrumentation for Traffic Law Enforcement(Pty) Ltd. A payment of R22 million was also prevented from being paid at an advanced stage of the Investigations by the IDAC,” Mamothame said.
The withdrawal comes as another notorious blue-lights case involving suspended Ekurhuleni Metro Police Department deputy chief Julius Mkhwanazi remains before the Germiston Magistrate’s Court.
Mkhwanazi was granted R10,000 bail in the case involving businessman Vusimusi “Cat” Matlala and EMPD fleet manager Chris Steyn, but remained in custody because of a separate murder case linked to the killing of businessman Emmanuel Mbense in Brakpan.
The blue-lights case concerns allegations that Mkhwanazi helped facilitate the fitting of blue lights to four luxury vehicles linked to Matlala without the required authorisation.
Steyn was previously granted R10,000 bail, while Matlala remains in custody after not applying for bail.
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The allegations include claims that vehicles registered under the City of Ekurhuleni were fitted with blue lights, creating the appearance that they were official municipal law-enforcement vehicles.
The matter has also featured prominently in evidence before the Madlanga Commission of Inquiry into alleged corruption, criminality and political interference in policing.
Matlala, Steyn and Mkhwanazi are expected back in the Germiston Magistrate’s Court on Friday, 9 October.
