The Pretoria Specialised Commercial Crimes Court has granted former national police commissioner Kgomotso Phahlane and five others, bail ranging from R5 000 to R50 000.
The six face fraud, corruption, theft, and money laundering charges in connection with a police tender of over R54 million for the procurement of social media monitoring software in 2016.
The arrests of the six are a culmination of a six-year-long investigation by the Independent Police Investigative Directorate (IPID).
In December 2016, proposals for comments on software were made in the crime intelligence division. This led to the procurement of a social media monitoring tool during the fees must fall protests.
The software was procured while Phahlane was under investigation.
Phahlane, Lieutenant Colonel Godfrey Mahwayi, Major General Maanda Nemutandzhela, Major General Mankosana Makhele, and businessmen Inbanathan Kistiah and Avendra Naidoo, argued they could not afford the R50 000 bail proposed by the state.
Phahlane’s assets were recently seized by the Asset Forfeiture Unit in the controversial R191-million blue light tender fraud case.
After consideration from the court, Magistrate Nicca Setshogoe granted them bail.
“The criminal procedure act provides that bail should not be fixed as a punishment, but it should be an issue of affordability. The court may deviate a little but not too far in respect of that if it takes into account like I do that this matter be regarded as a serious offense and therefore, I also accede to the bail suggestions that were suggested of rendering the passports to the investigating officer.”
Former IPID boss, Robert McBride, welcomed the arrests. McBride was at the helm of the directorate when the investigation commenced.
“I’d like to first say congratulations, on a job well done. I’ve looked at the indictment and it’s watertight as it was three years ago but most importantly from amongst the people here, they conducted a reign of terror against IPID investigators. One was killed, some were arrested other people who assisted like O’Sullivan next to me were also arrested as counter investigations against us.”
Forensic investigator Paul O’Sullivan, who has had Phahlane in his sights for years, says he’s pleased that taxpayers won’t have to foot the bill for Phahlane’s battles.
“These crooks are having taxpayer-funded lawyers and it’s got to stop. The taxpayer must say no, we are not paying any more money for these criminals because otherwise what happens is the taxpayer contributing to the legal profession. They can go and find their own lawyers; they stole millions and millions. In fact, I estimated the total theft to the corruption of Phahlane and his accomplices to be more than R1 billion. Where is that money, let them go pay for their own lawyers with the proceeds of crime.”
Furthermore, the Investigative Directorate (ID) says these high profile arrests are indicative that state capture is being dealt with.
ID spokesperson Sindisiwe Seboka says “ID Director, Andrea Johnsons says the arrest of these high-ranking and seasoned officials endorses the IDs commitment to dealing with corruption and state capture regardless of where it managed itself. It is also dealing with the lack of accountability which to date has undermined the legitimacy of the law and ensures the wheels are turning and impunity is no longer a given.”
The state didn’t oppose bail. The matter has been postponed until the 7th of December.
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