Eight years after the controversial R191 million South African Police Service (SAPS) “Blue Lights” tender case first landed in court, the corruption prosecution against former acting national commissioner Lieutenant-General Kgomotso Phahlane, several former senior police generals and officers, and businessman Vimpie Manthata has been provisionally withdrawn.
The case was withdrawn in the Palm Ridge Specialised Commercial Crimes Court on Monday, with the Investigating Directorate Against Corruption (IDAC) saying it needed to review certain aspects of the matter before considering putting the case back on the court roll.
IDAC said the Acting Investigating Director, Advocate Ntuthuzelo Vanara, had carefully considered the matter and decided that certain aspects of the case needed to be perused before it could be re-enrolled.
“The IDAC provisionally withdraws the multi-million police blue lights corruption case against Phahlane and his co-accused,” IDAC spokesperso Henry Mamothame
said.
The case stems from a 2016 SAPS contract for the supply of emergency warning equipment, including blue lights, for police vehicles.
The contract was worth just over R191 million, according to IDAC. Of that amount, R65 million was paid to Instrumentation for Traffic Law Enforcement (ITLE), the company linked to businessman Manthata.
Mamothame said investigators also prevented a further payment of R22 million from being made to the service provider at an advanced stage of the investigation.
The accused were facing charges including corruption, fraud, theft and money laundering.
Phahlane was not the only senior police official in the dock.
His co-accused included former deputy national commissioner for human resource 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 and retired Major-General Ravichandran Pillay.
Also facing charges were Colonel Thomas Dumas Marima and Sergeant Maetapese Joseph Mulaiwa.
The civilian accused included Manthata, the owner of ITLE, as well as Judy Rose and Samantha Andrews.
The matter has been through years of legal challenges and delays.
The accused had previously approached the court in an attempt to have the matter struck off the roll, but their application was dismissed.
The prolonged court process has fuelled frustration over the length of time taken to bring complex corruption cases involving senior public officials to trial.
The latest withdrawal, however, is not the same as the state abandoning the case permanently.
IDAC said its Review Panel had previously considered the matter and found that it had been properly authorised and fell within the directorate’s mandate.
The directorate said the decision to withdraw the case was therefore linked to Vanara’s need to peruse aspects of the investigation and prosecution before deciding on the next step.
The withdrawal comes as IDAC itself faces increased scrutiny following a turbulent period that has included questions about its investigations, internal processes and leadership.
Former IDAC head Advocate Andrea Johnson recently resigned from her position after coming under intense scrutiny at the Madlanga Commission of Inquiry.
Johnson’s departure followed controversy surrounding IDAC’s investigation into senior Crime Intelligence officials and the institution’s handling of matters involving Lieutenant-General Dumisani Khumalo.
During her testimony before the commission, Johnson acknowledged that IDAC had overstepped its mandate in investigating Khumalo’s appointment.
Her resignation was accepted by President Cyril Ramaphosa after Justice and Constitutional Development Minister Mmamoloko Kubayi and National Director of Public Prosecutions Advocate Andy Mothibi became involved in the fallout surrounding the directorate.
Johnson said in her resignation letter that she had faced what she described as unprecedented attacks during the preceding months and warned that the continued controversy posed reputational risks for IDAC and the National Prosecuting Authority.
The government has since moved to tighten oversight of the directorate.
Among the measures announced have been reviews of IDAC’s cases, investigations into the qualifications and job profiles of employees, and disciplinary action involving some officials.
Mothibi has also called for lifestyle audits of IDAC employees as part of broader efforts to strengthen accountability within the institution.
The latest development in the Blue Lights case has meanwhile triggered strong reactions from members of the public on social media.
Some questioned why a case that has taken eight years has still not reached its conclusion.
One X user called for IDAC to be disbanded, alleging that the institution was ineffective and questioning how many careers would be affected before action was taken.
Another user described IDAC as a “cancer” and called for the institution to be dismantled.
The comments are public reactions and do not establish wrongdoing by IDAC or its officials.
The state has maintained that IDAC remains an important part of the fight against corruption and has opted for reforms and tighter oversight rather than scrapping the directorate.
For Phahlane, Mgwenya, the former SAPS generals and officers, and the civilian accused, Monday’s withdrawal means the immediate prosecution has come to an end for now.
But with IDAC describing the withdrawal as provisional, the R191 million Blue Lights saga may not be over.
After eight years of investigations, court appearances and legal challenges, the next move rests with the state and whether it will address the issues identified by Vanara and return the matter to court.
