Court ruling puts suspended police chief Fannie Masemola at risk of jail time

Suspended national police commissioner General Fannie Masemola could face jail time due to the police service’s failure to reinstate a senior Hawks officer in violation of a court order.

Major General Nombuso Khoza, head of the Hawks in the Western Cape, was dismissed in 2021 after being accused of dishonesty and breaching security. In 2023, a bargaining council ruled her dismissal unfair and ordered her reinstatement with back pay of nearly R1.9 million.

The police service challenged the ruling, but in October last year, an agreement was reached and made a court order. The order directed the police to reinstate Khoza, pay her back pay, and ensure she suffered no loss of pension benefits.

In court, Masemola claimed he agreed to the order due to fear of non-compliance with an earlier ruling. However, Acting Judge Coen de Kock found that this did not assist him, adding that it is not permissible to consent to an order and then later dispute it.

The judge noted that between October and March, the police and Masemola never applied to change or appeal the order. Instead, they tried to join the national head of the Hawks to the case, which the judge described as a belated attempt with no justifiable reason.

Khoza’s application to hold Masemola in contempt of court will now be heard next month.

Separately, Masemola appeared in the Pretoria Magistrate’s Court on four charges of contravening the Public Finance Management Act related to a R228 million contract awarded to a company linked to businessman Vusimuzi Matlala. Masemola and Matlala are among 17 people, including high-ranking police officers, facing corruption, fraud and money laundering charges. They are expected back in court on 26 June.

President Cyril Ramaphosa placed Masemola on precautionary suspension last month pending the outcome of the case.