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Phahlane 'looking good' as he appears in court in R54m tender case

Former police chief's co-accused include top cops

Former national police commissioner Kgomotso Phahlane appearing at the Specialised Commercial Crimes Court in Pretoria on charges of fraud, forgery and corruption.
Former national police commissioner Kgomotso Phahlane appearing at the Specialised Commercial Crimes Court in Pretoria on charges of fraud, forgery and corruption.
Image: Thulani Mbele

Only three media houses, all electronic, have been allowed to cover the bail application by former national police commissioner Kgomotso Phahlane and his five co-accused in the Pretoria Specialised Commercial Crimes Court.

On Wednesday morning, a total of 12 media houses made applications to cover proceedings where Phahlane and his co-accused were appearing in court for the first time since their arrest this week.

After looking into the applications, magistrate Nicca Setshogoe decided that the SABC, Newsroom Afrika and eNCA would remain in the courtroom and instructed the rest of the journalists to leave the proceedings.

Setshogoe said while she respects the right of the media to cover the proceedings, she was concerned about the health risks posed by a small, crowded courtroom.

“In the interest of justice, space and health conditions...these are the ones who must remain while bail applications proceed,” she said.

A large contingent of journalists had packed the court in anticipation of the first appearance of Phahlane and his co-accused. At first, the court orderly ordered that the journalists must move out as the place was packed, but reporters and their camera crews fought back and demanded that they be ordered by the magistrate to leave the room.

Inside the court there were also family members of the accused who occupied the entire public gallery.

What pained the journalists who had to walk out was that there was no mobile network coverage inside the courtroom, which meant the three television channels would not be able to broadcast the proceedings live.

Lt-Col Godfrey Mhwayi, Inbanathan Kistiah, Maanda Obert Nemutanzhela, Avendra Naidoo, Phahlane, Braine Wave Projects and Mankosana Makhele appeared in court on Wednesday to face various charges including forgery, fraud, corruption and contravention of the Public Finance Management Act.

Their arrest is related to the issuing of a R54m tender by police crime intelligence in 2016. In that year, crime intelligence embarked on a process to procure software for intelligence collection or social media monitoring which related to the Fees Must Fall protest by university students.

Mahwayi, who is accused number one, heads the information technology of the police crime intelligence.

Kistiah and Naidoo are directors of two separate companies — Brainwave Projects and Perfect Source Professional Services, respectively — which were involved in the tender.

Nemutanzhela is a major-general in the police crime intelligence working as head of covert intelligence. He is also the CFO of the secret service account of the division.

Makhele, who was walking with the aid of crutches, is the provincial divisional commissioner of crime intelligence in the Free State.

“As you see, I’m looking good,” Phahlane said as he entered the courtroom.

The six are expected to apply for bail which the state has indicated it will not oppose.

dlaminip@sowetan.co.za

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