Khomotso Phahlane back in court for R54m corruption case

Former acting national police commissioner Khomotso Phahlane and five co-accused are expected to return to the Pretoria High Court on Monday 9 November to face trial over alleged irregular procurement of two South African Police Service (SAPS) software contracts worth approximately R54 million.

The accused, who include Lieutenant-Colonel Godfrey Mahwayi, Major-General Maanda Obert Nemutandzhela, Major-General Mankosana Agnes Makhele and businessmen Inbanathan Kistiah and Avendra Naidoo, face charges of fraud, corruption, theft and contravention of the Public Finance Management Act (PFMA).

The charges stem from the alleged manipulation of procurement processes involving two software programmes, Ripjar and Daedalus, which were procured by the SAPS Crime Intelligence Division.

According to the State, Ripjar was intended to collect and monitor information from social media platforms during the October 2015 #FeesMustFall protests at universities.

However, investigators allegedly found irregularities in the procurement process, including concerns that the software was being purchased from a company that was not involved in software engineering.

The State also alleges that competing companies were involved in cover quoting, with the procurement process allegedly manipulated to favour particular service providers. The second programme, Daedalus, was communication-encryption software allegedly used to encrypt telephone calls and erase cellphone records and messages.

Its procurement has attracted particular attention because it allegedly took place when Phahlane was under investigation by the Independent Police Investigative Directorate (IPID) over the controversial police blue lights tender and other procurement irregularities during his tenure as acting national police commissioner.

The allegations form part of a wider cloud of controversy surrounding Phahlane's time in the police service.

He was placed on suspension in 2017 and was eventually dismissed in August 2020. He was arrested in September 2022 in connection with the alleged irregular software procurement.

The matter has taken several years to reach the trial stage, with the accused previously appearing in the Pretoria Specialised Commercial Crime Court before the matter was transferred to the High Court.

The trial was initially scheduled to start on November 3, 2026, but was postponed to allow the conclusion of the local government elections and give accused residing outside Gauteng an opportunity to vote.

The Investigating Directorate Against Corruption (IDAC) confirmed that the trial would resume on November 9.