Fannie Masemola Risks Jail Time in Hawks Reinstatement Legal Battle
Suspended national police commissioner Fannie Masemola may face potential jail time following allegations that the South African Police Service did not adhere to a court order to reinstate Hawks official Major-General Nombuso Khoza.
Khoza, who previously served as the Hawks head in the Western Cape, has been engaged in a legal dispute with SAPS since her dismissal in 2021. She faced accusations of dishonesty and security protocol violations prior to her termination.
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Labour Court Orders Reinstatement of Hawks Official Nombuso Khoza
Represented by the Police and Prisons Civil Rights Union, Khoza successfully contested her dismissal at the Safety and Security Sectoral Bargaining Council in 2023. The decision ruled her termination as unfair and mandated her reinstatement with retroactive pay of nearly R1.9 million.
Following this, SAPS sought to contest the ruling in the Labour Court, claiming Khoza’s five-year contract had automatically ended in January of this year.
Despite these arguments, the court ordered SAPS to reinstate Khoza, compensate her for lost earnings from September 2021 to September 2025, and permit her to return to work at the Directorate for Priority Crime Investigation, commonly known as the Hawks.
Court Denies SAPS Attempt to Evade Compliance
Additionally, the Labour Court instructed SAPS to ensure that Khoza did not forfeit any pension or employment benefits associated with her tenure under the Government Employees Pension Fund. The court cautioned that non-compliance could expedite contempt proceedings.
During the hearings, Masemola argued that he agreed to the prior court order out of concern for potential non-compliance with an earlier ruling. However, Acting Judge Coen de Kock dismissed this argument.
“It is simply not permissible for a party to consent to a court order due to fear of non-compliance with a previous order and then, thereafter, attempt to dispute the court order because the SAPS was not the employer,” de Kock stated.
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The judge remarked that SAPS did not contest Khoza’s contract validity in prior proceedings and failed to seek rescission, alteration, or appeal regarding the October court order.
Contempt Proceedings Against Masemola Scheduled
Instead, SAPS and Masemola made a later attempt to include the acting national head of the Hawks, Dumisani Patrick Mbotho, in the proceedings. The court deemed this move as a delayed and unjustifiable effort that could not be successful.
Khoza’s request to hold Masemola in contempt of court is now set to be heard next month. If found guilty, Masemola may face serious legal repercussions, including the possibility of imprisonment.
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This recent development arises as Masemola faces increased scrutiny in an unrelated criminal case involving an alleged irregular R228 million SAPS contract awarded to a company linked to businessman Vusimuzi Matlala.
Masemola and 15 others are implicated in charges of fraud, corruption, and money laundering. Cyril Ramaphosa placed Masemola on precautionary suspension last month and appointed Puleng Dimpane as acting police commissioner pending the outcome of the case.
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