Suspended police chief Fannie Masemola faces possible jail time in Hawks reinstatement dispute

Suspended national police commissioner Fannie Masemola could face jail time over allegations that the South African Police Service failed to comply with a court order to reinstate a senior Hawks official.

Major General Nombuso Khoza, former head of the Hawks in the Western Cape, was dismissed in 2021 over accusations of dishonesty and security breaches. With help from the Police and Prisons Civil Rights Union, she challenged her dismissal at the Safety and Security Sectoral Bargaining Council in 2023. The council ruled her termination unfair and ordered her reinstatement with back pay of nearly R1.9 million.

SAPS took the case to the Labour Court, arguing that Khoza’s five year contract had lapsed. Despite this, the court ordered SAPS to reinstate her, compensate her for lost wages from September 2021 to September 2025, and allow her to return to the Hawks. The court also warned that failure to comply could lead to contempt proceedings.

During the hearings, Masemola claimed he agreed to the court order out of fear of non-compliance with an earlier ruling. Acting Judge Coen de Kock dismissed this, stating that a party cannot consent to an order and later dispute it. The judge noted that SAPS did not challenge the validity of Khoza’s contract earlier and did not seek to change or appeal the order.

SAPS and Masemola later tried to involve the acting national head of the Hawks in the case, but the court called this a delayed and unjustifiable action.

Khoza’s application to hold Masemola in contempt of court is scheduled for next month. If found guilty, Masemola could face imprisonment.

Separately, Masemola is also facing criminal charges related to an alleged irregular R228 million SAPS contract awarded to a company linked to businessman Vusimuzi Matlala. He and 15 others face charges of fraud, corruption and money laundering. President Cyril Ramaphosa placed Masemola on precautionary suspension last month and appointed Puleng Dimpane as acting police commissioner.