Former Acting Police Commissioner Tells Parliament Mbalula Had No Legal Authority To Suspend Him

Former acting police commissioner Khomotso Phahlane has told Parliament that his suspension by former police minister Fikile Mbalula was unlawful and unsupported by any legislation.

Phahlane maintains that there was no legal foundation for the decision taken in 2017, arguing that he should never have been instructed to “step aside” from his role as acting national police commissioner.

At the time, Phahlane was suspended amid controversy surrounding a “blue lights” tender and allegations of procurement-related irregularities.

Parliamentary Inquiry Probes Police Leadership and Accountability

Phahlane was addressing Parliament’s ad hoc committee investigating allegations of corruption within the South African Police Service (SAPS).

The committee resumed its hearings for the year, with a focus on governance failures and decision-making at the highest levels of police leadership.

YOU MAY ALSO LIKE: Parliament Corruption Inquiry Resumes As Former Police Chief Khomotso Phahlane Set To Testify

During his testimony, Phahlane challenged the authority used to remove him from office, pointing to constitutional and legislative requirements governing the appointment and removal of a national police commissioner.

“I was not removed by the President of the Republic of South Africa as the Constitution and the Police Act dictate. I was made to step aside by the minister of police, then no law provides for such. That’s why I continue to say that my removal from office cannot be found anywhere in the prescripts.”

Legal Powers of the Police Minister Under Scrutiny

Phahlane’s remarks place renewed attention on the limits of the police minister’s powers, particularly in relation to suspending senior SAPS officials.

He insists that only the President has the authority to remove or suspend a national commissioner under the Constitution and the SAPS Act.

The committee’s investigation continues as lawmakers seek clarity on whether due process was followed in high-profile suspensions and how political oversight intersects with police independence.

---

For More, Follow SurgeZirc SA On Facebook, X,  Instagram and Bluesky