No Reinstatement for Phahlane: Labour Appeal Court Upholds 2020 Dismissal

• The Labour Appeal Court has dismissed former acting police commissioner Khomotso Phahlane’s bid to overturn his 2020 dismissal from the SAPS
• The court refused to reinstate him and decided with no order for legal costs
• The judgment upholds earlier findings by the Labour Court and the Safety and Security Sectoral Bargaining Council that his dismissal was fair

Johannesburg – The Labour Appeal Court has rejected former acting national police commissioner Lieutenant General Khomotso Phahlane’s attempt to overturn his 2020 dismissal from the South African Police Service (SAPS).

The court ruled, on 5 February 2026, that his firing was lawful and refused to reinstate him. It was also decided with no order for legal costs.

Court decision

Judge Portia Nkutha-Nkontwana delivered the judgment, confirming that Phahlane’s appeal had failed. The court said all the judges agreed on the outcome, even if they had different reasons for their views.

Read also

Former acting police commissioner Phahlane faces final court verdict on dismissal

The ruling supports earlier decisions by the Labour Court and the Safety and Security Sectoral Bargaining Council, which had already found that Phahlane’s dismissal was fair.

Background

Phahlane was acting national police commissioner from October 2015 to June 2017. He was later asked to step aside after allegations of misconduct and corruption emerged.

After a long disciplinary process, he was dismissed from SAPS in July 2020. Investigations found that while he was head of forensic services, he failed to properly manage a R46-million contract for 360-degree cameras. This led to more than R24 million being wasted by the police service.

Despite several legal challenges, the courts have consistently ruled that SAPS acted correctly in dismissing him.

3 Briefly News article on Khomotso Phahlane

• In 2022, Former national police commissioner Khomotso Phahlane and several other senior officers were arrested in connection with a R54 million police tender fraud case and appeared in the Pretoria Specialised Commercial Crimes Court. They were granted bail, with amounts ranging from R5 000 to R50 000, as they face charges including fraud, theft and corruption. The former head of the Independent Police Investigative Directorate welcomed the arrests, saying the case against them was strong and a positive step for accountability.
• Phahlane said political interference in the police increased sharply after the ANC’s 2007 elective conference. He made the remarks on 14 January 2026 while giving evidence before Parliament’s Ad Hoc Committee. Phahlane became the first witness to appear before the committee this year as it examines challenges within the police service.
• Khomotso Phahlane has told Parliament’s Ad Hoc Committee that Paul O’Sullivan had ‘captured’ the Independent Police Investigative Directorate (IPID) and sections of the media. During his testimony, Phahlane detailed how much influence O’Sullivan has and the control he wielded. He said that O’Sullivan’s influence was not limited to just IPID but included SAPS and the National Prosecuting Authority (NPA) as well.

Read also

EFF to picket Constitutional Court monthly over Phala Phala judgment delay

Previously, Briefly News reported that Phahlane defended General Nhlanhla Mkhwanazi over his attire during his explosive 6 July press briefing. He said it’s not a military uniform, but a police uniform, and Mkhwanazi doesn’t need anyone’s permission to wear it, as Mkhwanazi gave blood, sweat and tears, like any other officer who completed the Special Task Force training.

Source: Briefly News