- The Minister of Police challenged a two-month suspension given to a SAPS constable found guilty of theft.
- The case began after R44 000 went missing during an Operation Shanela search in Bronkhorstspruit.
- The Labour Court considered whether a lenient disciplinary sanction could still protect public trust in policing.
The Minister of Police took the unusual step of asking the Labour Court in Johannesburg to overturn a disciplinary sanction imposed on a SAPS constable found guilty of stealing R44 000 during Operation Shanela, arguing that the punishment did not protect the integrity of the police service.
The challenge centred on Constable TC Lechele, whose guilt had already been established during SAPS disciplinary proceedings. Instead of reopening the finding of theft, the court was asked to decide whether a two-month suspension without pay was a suitable sanction for a police officer who abused the powers of an official search operation.
Operation Shanela search triggered the legal battle
Operation Shanela is one of the SAPS’s flagship crime-fighting initiatives, bringing together officers to search premises, combat violent crime and identify undocumented foreign nationals across the country.
On 29 August 2024, Lechele was part of a search team deployed to Bronkhorstspruit. During the operation, R44 000 belonging to resident Lagebo Shange was taken from a room inside one of the homes being searched.
After Shange reported the incident, an identification parade linked Lechele to the theft, and officers later found the money in his personal bag.
A SAPS disciplinary hearing found Lechele guilty of improper and disgraceful conduct, as well as theft in breach of the SAPS Code of Conduct. The disciplinary chairperson imposed a two-month suspension without pay, prompting the Minister to seek judicial intervention.
Judge says the SAPS badge carries constitutional responsibility
Judge M Makhura said the case went beyond ordinary workplace discipline because police officers exercise public power on behalf of every South African. The judgment stressed that the authority to search homes, seize property and arrest suspects depends on honesty, integrity and accountability.
“The objects of the SAPS are to prevent, combat and investigate crime, to maintain public order, to protect and secure the inhabitants of the Republic and their property, and to uphold and enforce the laws,” Judge Makhura wrote.
The judge said those constitutional duties are reinforced by the SAPS Code of Conduct, which requires every officer to act with integrity, transparency and respect for the rights of every person.
Public trust became the defining legal principle
The Minister argued that the disciplinary chairperson put too much weight on mitigating factors while failing to recognise the seriousness of dishonesty committed by a law enforcement officer. Judge Makhura agreed that theft by a police officer causes harm far beyond financial loss because it strikes directly at confidence in the police service.
“Theft committed by a police officer in the execution of official duties constitutes a serious abuse of the trust reposed in members of the SAPS,” Judge Makhura said.
He added that a police officer who steals while performing official duties acts in direct conflict with the constitutional, statutory and ethical obligations of the office, making honesty indispensable to continued service in SAPS.
The court replaces the disciplinary sanction
Judge Makhura found that the disciplinary chairperson had seriously misdirected himself by failing to appreciate the gravity of the misconduct and the implications of keeping a dishonest officer in the police service.
The court reviewed and set aside the two-month suspension without pay, replaced it with dismissal with immediate effect, and made no order as to costs.
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