The Police and Prisons’ Civil Rights Union (Popcru) has successfully managed to stop the controversial expeditious disciplinary process in the SAPS.
This follows numerous grievances about the abuse of disciplinary procedures to unfairly punish police officers – a matter raised at a recent Safety and Security Sectoral Bargaining Council meeting.
The union had specifically criticised the expeditious process for undermining the principles of natural justice, bypassing fair hearings, and fast-tracking the dismissal of members without due process.
Popcru president, Thulani Ngwenya in a statement said in keeping with another Popcru proposal, all ongoing cases under this disciplinary process will now be centralised at the SAPS’ head office until disciplinary processes are formally amended by the minister of police.
“This win marks a turning point in the ongoing battle to ensure that SAPS members are treated with the dignity they deserve. The expeditious process was fundamentally flawed, unfairly targeting members and undermining their careers.
“We are encouraged by the fact that SAPS management has recognised these issues, and we will continue working to ensure that the expeditious process is permanently removed from disciplinary regulations,” he said.
Ngwenya added that the expeditious process, also known as Regulation 9 of the South African Police Service Act, was designed to promptly handle cases of serious misconduct.
However, he said its implementation has been marred by controversy as it has been used as a tool to bypass due processes.
“Instead of serving as a tool to ensure swift justice, the regulation has become a mechanism to bypass due process, leading to many unfair dismissals. Members are frequently left without an opportunity to defend themselves adequately, as the process strips them of the right to a fair hearing and the ability to cross-examine witnesses,” he said.
Ngwenya said Popcru, as one of the country’s leading unions, has long argued that this piece of legislation is unfair.
“Popcru has long argued that the expeditious process is unfair and unconstitutional. South Africa’s Labour Relations Act and the Constitution enshrine the right to fair labour practices, including the right to a fair and impartial hearing. Regulation 9 violates these principles by allowing the SAPS to dismiss members without affording them the protections guaranteed under the law,” he said.
Ngwenya has revealed that in response, the SAPS management agreed to review its disciplinary procedures and to stop the expeditious disciplinary process in the interim.
“As a result, all ongoing cases under this process have been centralised at the national head office of the SAPS, under the discipline management office, until such time that the minister of police amends the SAPS Act.
“The discipline management office will determine which cases qualify to be handled under Regulation 9. Many cases are expected to revert to the regular disciplinary process, which provides members with the full spectrum of procedural rights. Meanwhile, the regular disciplinary process, governed by Regulation 8, will continue unaffected, ensuring that members’ rights to a fair trial are upheld,” he added.
The Star