Pretoria - Acting national police commissioner Lieutenant-General Kgomotso Phahlane has filed a R500 000 defamation lawsuit against the police union for alleging that he ran a corrupt SAPS Silverton Forensic Science Laboratory before he became top cop.
Phahlane is claiming the money from the Police and Prisons Civil Rights Union (Popcru), its secretary Steve Matsemela and three other police officers for the statements they made at a press conference in 2012.
Phahlane has also asked that the court orders the defendants to furnish him with a written retraction of the allegations and an apology.
He ascended to the SAPS highest office - albeit in an acting capacity - after the suspension of incumbent General Riah Phiyega, pending the outcome of an investigation into her fitness to hold office in the wake of the Marikana massacre.
Phahlane was the divisional commander of the forensic laboratory, he said in papers before the high court in Pretoria.
At the time, Popcru convened the media conference to express its concern regarding the happenings at the science laboratory.
Popcru's Matsemela told the media in a statement that corruption was rife at the laboratory.
The allegations included sabotage of services, concealing or doctoring of crime statistics, theft of drugs worth about R500 million, irregular appointments and sexual harassment. There were also allegations of rhino horn theft.
The union claimed that the members who blew the whistle on the allegations were victimised at disciplinary hearings.
Matsemela made further startling revelations, claiming that Phahlane told a parliamentary portfolio committee that there was a backlog of 182 cases at the laboratory, while the correct number was actually 5 000.
Popcru also alleged that a DNA machine bought for R46 million was irregularly decommissioned and the parts were sold for a pittance.
Matsemela at the time called on Phiyega to appoint a commission to investigate the allegations and suspend the head of the division pending the outcome of that probe. He said they posed a threat to the security of the country.
The statements made during the press briefing were published by several major newspapers across the country, including the Pretoria News, as well as television channels.
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Phahlane said the press statement referred to him by name and his official designation.
Readers or viewers of the statement would believe he was responsible for the state of affairs described in that statement, he said.
The statement was defamatory, he said, as it implied that he turned a blind eye to the alleged corrupt practices.
Also, that he, in his official capacity, created a situation in which laboratory employees would be demoralised and undermined at work.
Phahlane said the statement was aimed at defaming him and at injuring his reputation.
Calling the press briefing and making these allegations, Popcru knew that these were going to be published in the media, he said. The union did this on purpose to damage his good name, he said in court papers.
The defendants denied that they wanted to defame Phahlane and said the allegations were true and published in the media for the benefit of the public.
The publication of these averments constituted fair comment and it was made on a privileged occasion, Popcru stated.
Phahlane, in reply to this, denied that the statements were true - but untrue and unjustified.
According to the country’s top cop, the information was aimed at embarrassing him and undermining the administration of the laboratory.
Advocate Rob Cohen told the court that he was ready to proceed with Phahlane’s case.
He was, however, told that there were no judges available to hear the matter, as the defendants said the case would run longer than anticipated.
Lawyer Mervyn Dendy later told the Pretoria News that the first available date was only in March next year. “But I will ask Deputy Judge President Aubrey Ledwaba to try to allocate an earlier date,” he said.
Pretoria News