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Khomotso Phahlane’s R54M Corruption Trial Postponed as Charges are Read

Former acting national commissioner Lieutenant-General Kgomotso Phahlane has been provisionally withdrawn. Photo: Supplied
The R54 million fraud and corruption trial involving former acting National Police Commissioner Lieutenant-General Khomotso Phahlane and five co-accused has been postponed to Monday, November 16. Photo: Supplied

The R54 million fraud and corruption trial involving former acting National Police Commissioner Lieutenant-General Khomotso Phahlane and five co-accused has been postponed to Monday, November 16, for the State to complete reading the charges against them.

The matter resumed at the Gauteng High Court in Pretoria on Thursday, where charges including fraud, corruption, theft, contravention of the Public Finance Management Act (PFMA) and uttering were read into the court record.

The postponement was necessitated by the unavailability of one of the defence attorneys, who needs to attend the funeral of a staff member scheduled for Friday, November 13.

Investigating Directorate Against Corruption (IDAC) spokesperson Henry Mamothame confirmed the postponement, saying the State would complete reading the charges when proceedings resume.

Phahlane is standing trial alongside Lieutenant-Colonel Godfrey Mahwayi, Major-General Maanda Obert Nemutandzhela, Major-General Mankosana Agnes Makhele and businessmen Inbanathan Kistiah and Avendra Naidoo.

The six accused face charges relating to two South African Police Service (SAPS) contracts valued at approximately R54 million.

One of the contracts concerns the alleged irregular procurement of software known as RIPJAR, which was intended to assist Crime Intelligence in monitoring social media activity during the October 2015 #FeesMustFall student protests.

The second contract relates to the procurement of communication-encryption software known as Daedalus.

According to the State, the software was allegedly used to encrypt telephone calls and wipe cellphone records and messages at a time when Phahlane was under investigation by the Independent Police Investigative Directorate (IPID) over the controversial police Blue Lights tender and other alleged procurement irregularities during his tenure as acting national police commissioner.

The allegations surrounding the two contracts relate to procurement processes within SAPS and the circumstances under which the software was acquired.

The case has experienced several postponements, including an earlier delay to allow the State to amend the charges.

Last week, the matter was also postponed to accommodate the conclusion of the local government elections and allow some of the accused, who reside outside Gauteng, an opportunity to vote.

The latest court appearance comes just weeks after IDAC provisionally withdrew a separate corruption case against Phahlane and several co-accused involving a R191 million SAPS emergency warning equipment contract.

The separate case related to the alleged irregular awarding of a 2016 contract to supply emergency warning equipment to the police.

Approximately R65 million was paid to the service provider, Instrumentation for Traffic Law Enforcement, while a further payment of R22 million was stopped during the investigation.

IDAC said the decision to provisionally withdraw that matter was taken to allow Acting Investigating Director Advocate Ntuthuzelo Vanara to examine certain aspects of the case before it could potentially be re-enrolled.

Importantly, the withdrawal was not an acquittal. IDAC indicated that the matter could return to court following further consideration.

Phahlane also suffered a legal setback in February this year when the Labour Appeal Court dismissed his appeal against his dismissal from SAPS.

His employment was terminated in 2020 following disciplinary proceedings relating to misconduct and procurement matters. The Labour Appeal Court upheld the dismissal.

The R54 million corruption trial is expected to resume on Monday, November 16, when the State continues reading the charges.

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