Pretoria, Tuesday 3 January 2016: The Acting National Commissioner of the South African Police Service, Lieutenant General Khomotso Phahlane, has taken note of the judgement handed down in the Durban High Court today. Lieutenant General Betty Mmammonnye Ngobeni had previously filed an execution application to return to work following her suspension after allegations of gross misconduct were made against her. Her application was successful.
The South African Police Service is appealing the whole of the judgement and order. Therefore Lieutenant General Ngobeni’s suspension will continue pending the finalisation of the appeal process. Her attorney will be requested to inform his client not to return to work.
The current dispute arose as a result of a decision taken by Lieutenant General Phahlane, after he was appointed as the Acting National Commissioner, to suspend Lieutenant General Ngobeni and to convene a misconduct board of inquiry in relation to allegations of gross misconduct dating back to 2010. Lieutenant General Ngobeni challenged Lieutenant General Phahlane’s authority to convene the board of inquiry.
The on-going legal dispute between the parties is based on points of law and the interpretation of certain Sections of the South African Police Service Act and should not be construed as a personal or malicious vendetta against an individual. The management of the South African Police Service is of the opinion that allegations made should be fully investigated in a transparent and accountable manner in order for justice to be served and be seen to be served.
In the meantime, Major General PB Langa will continue to perform duties as the Acting Provincial Commissioner in KwaZulu-Natal. He is to be commended on his firm leadership in the province which has yielded outstanding successes in the fight against crime over the festive season.