Judges probe legality of Phahlane's suspension, question minister's power

Issue is whether Mbalula had power to suspend top cop

- By Setumo Stone

The police minister's legal authority to suspend an acting national commissioner was subjected to scrutiny at the Labour Appeal Court this week.

During a virtual hearing, a full bench zeroed in on this pivotal question: Who had the legal authority to suspend the acting national commissioner of police, Lt-Gen Khomotso Phahlane, in June 2017?

The discussion during the inquiry into the ongoing legal saga of Phahlane's exit from the South African Police Service (SAPS) was peppered with pointed questions from the court about what Phahlane's role was when he was ordered to “sit at home” by then police minister Fikile Mbalula.

The thorny issue is whether Mbalula had the power to suspend Phahlane in the first place or whether that was solely President Cyril Ramaphosa’s prerogative.

Judges Bantubonke Tokota, Portia Nkutha-Nkontlwana and Mahendra Chetty pressed the point, repeatedly asking what Phahlane’s status was during his suspension, given that his acting post was already filled by another.

“Was he a divisional commissioner at that stage, or what? He had no status, perhaps?” Tokota queried.

Adv Yanela Ntloko, for the SAPS, conceded the complexity of the issue but ultimately struggled to provide a definitive answer.