Fannie Masemola Faces Possible Jail Time Over Hawks Reinstatement Court Battle

Suspended national police commissioner Fannie Masemola could face possible jail time after the South African Police Service allegedly failed to comply with a court order to reinstate Hawks official Major-General Nombuso Khoza.

Khoza, the former head of the Hawks in the Western Cape, has been locked in a legal battle with SAPS since her dismissal in 2021. She was accused of dishonesty and breaching security protocols before being fired from her position.

Labour Court Ordered Hawks Official Nombuso Khoza Reinstated

Represented by Police and Prisons Civil Rights Union, Khoza successfully challenged her dismissal at the Safety and Security Sectoral Bargaining Council in 2023. The ruling declared her dismissal unfair and ordered her retrospective reinstatement with nearly R1.9 million in back pay.

SAPS later approached the Labour Court in Cape Town seeking to overturn the ruling. Police argued that Khoza’s five-year employment contract had expired automatically at the end of January this year.

Despite this, the court ordered SAPS to reinstate Khoza, compensate her for lost earnings between September 2021 and September 2025, and allow her to report for duty at the Directorate for Priority Crime Investigation, commonly known as the Hawks.

Court Rejects SAPS Bid To Avoid Compliance

The Labour Court also directed SAPS to ensure Khoza did not lose any pension or employment benefits linked to her service under the Government Employees Pension Fund. The court warned that failure to comply could lead to expedited contempt of court proceedings.

During proceedings, Masemola claimed he had agreed to the earlier court order out of concern that SAPS could be found non-compliant with a previous ruling. However, Acting Judge Coen de Kock rejected that argument.

“It is simply not permissible for a party to consent to a court order due to fear of non-compliance of a previous order and then, thereafter, attempt to dispute the court order because the SAPS was not the employer,” de Kock stated.

The judge further noted that SAPS never challenged the validity of Khoza’s contract during earlier proceedings and failed to apply for rescission, variation or leave to appeal the October court order.

Contempt Of Court Proceedings Against Masemola Set Down

Instead, SAPS and Masemola later attempted to join the acting national head of the Hawks, Dumisani Patrick Mbotho, to the proceedings. The court described the move as a delayed and unjustified attempt that could not succeed.

Khoza’s application to have Masemola held in contempt of court is now expected to be heard next month. If the court finds him guilty of contempt, Masemola could face serious legal consequences, including possible imprisonment.

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The latest development comes as Masemola remains under pressure in a separate criminal case linked to an alleged irregular R228 million SAPS contract awarded to a company connected to businessman Vusimuzi Matlala.

Masemola and 15 others face charges including fraud, corruption and money laundering. Cyril Ramaphosa placed Masemola on precautionary suspension last month and appointed Puleng Dimpane as acting police commissioner pending the outcome of the case.