The Port Elizabeth Labour Court has granted an urgent application launched by the Police and Prisons Civil Rights Union (Popcru) forcing the police to stop the process of holding 'fitness boards' that could lead to the dismissal of officers with criminal records.
The Port Elizabeth Labour Court has granted an urgent application launched by the Police and Prisons Civil Rights Union (Popcru) forcing the police to stop the process of holding 'fitness boards' that could lead to the dismissal of officers with criminal records.
Popcru had called for a moratorium on a law that allows police management to discharge an officer convicted of an offence from the South African Police Service (SAPS).
Judgment had been reserved in the case heard on 13 March in the Labour Court. The four applicants were Popcru and three members of the SAPS, Colonel Princess Blossom Thuletu Ngwekazi, Warrant Officer Mqokoleli David Mnyiphika and Constable Brenda Ntombi Zanele Ngxowa.
They challenged the section of the Police Act headed "Discharge on account of sentence imposed".
Judge Zolashe Lali granted an urgent application interdicting Police Minister Nathi Mthethwa and Police Commissioner Riah Phiyega from continuing with the process of 'fitness boards' and the dismissal of members of the police with criminal records.
Lali ruled in the union's favour on the basis that members who had criminal records dating back years should not be dismissed or face these boards as the SAPS had known about their criminal records since conviction.
Brin Brody said it was not Popcru's case that police with criminal records should not be dismissed.
According to Brody, Popcru's case is that it is unconstitutional to dismiss members for offences committed years and decades ago; one example being 12 years ago in the case of one of the applicants. This is especially because the SAPS has been aware of these convictions.
The Minister of Police and the National Commissioner of Police are the respondents in the case.
A two-year audit revealed that 1 448 SAPS employees have committed crimes. In the Eastern Cape, thousands of police officers with criminal records were asked to justify their right to keep their jobs.
Section 36 of the Act states that officers who are convicted of a criminal offence will be discharged from service.
This is only applicable if the offence results in imprisonment without the option of a fine.
Brody said had the applicants not been successful, there was an option to take the case to the Labour Appeal Court or possibly to the High Court.
