Appeal court split over Phahlane's dismissal but confirms his exit

He was fired for serious misconduct

- By Setumo Stone

Kgomotso Phahlane challenged his dismissal as acting national commissioner.

(Gallo Images)

The Labour Appeal Court of South Africa has delivered a split decision in the case of Kgomotso Phahlane, the former acting national commissioner of the South African Police Service (SAPS), who challenged his dismissal on the grounds of procedural and substantive unfairness. While the court ultimately dismissed his appeal, the two judgments revealed a sharp divide in reasoning.

Phahlane challenged his dismissal on two main grounds. First, he argued that his dismissal was unlawful because it was not carried out by the president, as required by the Constitution. Second, he contended that the disciplinary process was procedurally unfair, alleging bias on the part of the presiding officer and improper use of regulations.

The Labour Court had dismissed Phahlane's application for review, finding that the arbitrator's decision was reasonable and that the dismissal was both substantively and procedurally fair. Phahlane then appealed to the Labour Appeal Court, which this week delivered two judgments with differing views on the legal issues raised.

Phahlane, who joined the SAPS in 1985 and rose to the rank of lieutenant-general in 2007, was appointed acting national commissioner by the president on October 14, 2015. However, his tenure was overshadowed by allegations of misconduct stemming from his previous role as divisional commissioner: forensic services.