- SAPS sought review of disciplinary ruling that imposed suspension instead of dismissal.
- The case highlights serious police misconduct and its impact on public trust.
- Dismissal ordered for one officer while sanction for another was upheld due to limited involvement.
The Labour Court has ordered the dismissal of a South African Police Service officer who abducted and assaulted a civilian while on duty.
In a judgment delivered by Judge A Steenkamp, the court found that the internal disciplinary chairperson, H Hartzenberg, made an error by imposing a suspension without pay instead of dismissal. The misconduct involved violence, abuse of power, and a serious breach of public trust.
The matter was brought by the Minister of Police and the South African Police Service against Chairperson H. Hartzenberg and three officers identified as Constable Mkhize, Sergeant Mokoena, and Constable Dlamini. The applicants sought to review and overturn the sanctions imposed after a disciplinary hearing into the officers’ conduct.
Civilian abducted and assaulted in remote area
On the day in question, the officers were on duty and in uniform when they confronted a civilian suspected of theft from a local business. Instead of following lawful procedures, they put the individual in a police vehicle and drove him to a secluded location. There, he was physically assaulted and threatened, in violation of SAPS protocols. The incident was not reported through official channels, and no arrest was made.
Hartzenberg found all three officers guilty of misconduct, including abduction, assault with intent to cause grievous bodily harm, and conduct unbecoming of a police officer. However, he imposed suspensions without pay rather than dismissal. The SAPS argued that the sanctions were too lenient and undermined the integrity of the police service.
Dismissal warranted for Sergeant Mokoena
Judge Steenkamp agreed in part. He found that the chairperson had failed to properly consider the seriousness of the misconduct and the breakdown in trust. For Sergeant Mokoena, who played a central role in the assault, the court changed the suspension to dismissal.
“The misconduct was serious. It involved violence, abuse of power, and a breach of the trust that the public places in police officers,” Judge Steenkamp wrote. “The chairperson’s failure to appreciate the breakdown in the employment relationship rendered the sanction unreasonable.”
He added that “continued employment in the SAPS is incompatible with conduct of this nature” and that “the public must be able to trust that police officers will not abuse their power or resort to vigilante justice.”
Sanction upheld for Constable Dlamini
However, the court upheld the original sanction for Constable Dlamini. While Dlamini was present during the incident, the evidence did not show active participation in the assault or intent to cause harm. Judge Steenkamp found that Hartzenberg’s decision in this regard was reasonable and did not need changing.
Constable Mkhize had resigned before the matter was heard, and no order was made in his case.
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