Cape Town - Axed Western Cape detective head Jeremy Vearey has vowed to fight his dismissal “until the last drop of blood”, after he noted the ruling by the arbitrator for the Safety and Security Sectoral Bargaining Council (SSSBC) to uphold his dismissal.
SSSBC arbitrator Imthiaz Sirkhot found Vearey’s dismissal was “substantively fair” and was the only sanction that could be imposed, given the circumstances.
Vearey was dismissed from his position as Western Cape head of detectives earlier this year on the grounds of misconduct for “disrespectful” posts he made on social media “which brought the SAPS into disrepute”.
After meeting his legal team on Tuesday, Vearey said the arbitrator made findings not based on the evidence. “The most glaring are paragraphs 88 and 93 of the Award.”
He said the arbitrator referred to whistle-blower and community activist Colin Arendse and the recently retired Western Cape Anti-Gang Unit head Major-General André Lincoln as colonels who had been influenced by him.
“We know that Arendse is not a police officer and that Lincoln is not a colonel following instructions from Vearey,” he said.
Veary said the arbitrator found that no evidence was presented to establish that he reflected on issues which were in the public domain.
“Clause 19 (10) of the social media policy specifically permits comments by employees on issues in the public domain. Both Major-General Jan Petrus Scheepers, Lieutenant-General Liziwe Ntshinga and Vearey testified about Clause 19 (10).”
National police spokesperson Vishnu Naidoo said National Police Commissioner Khehla Sitole welcomed the ruling.
Naidoo said Vearey was dismissed in May this year following an expeditious disciplinary process against him after he made posts on his personal Facebook profile which constituted disrespect and/or brought him into disrepute.
“Veary referred an unfair dismissal dispute to the SSSBC. After much deliberation on the matter, the arbitrator ruled at the end of his 24-page award to the SSSBC that the dismissal of the applicant, Vearey, was substantively fair, the applicant was dismissed and the bargaining council was directed to close the file,” said Naidoo.
Police and Prisons Civil Rights Union (Popcru) spokesperson Richard Mamabolo said: “Our team will be reflecting on the next measure to be taken, and this will be communicated soonest.”
Community activist and member of the “Hands Off Veary campaign”, Lynn Abrahams, said she believed that Vearey should take the matter on review to the Labour Court, “where a sober judge will hopefully apply his/her mind in reconsidering the case”.
SA Police and Allied Workers Union (Sapawu) president Bonga Makuliwe said personal communications must never be used in targeting opponents. “General Sitole used SAPS platforms to fight his battles.”
Makuliwe said looking at Vearey's experience and his dedication to the service, expelling him for a Facebook post was uncalled for.
Abrahams said they were not surprised by the ruling, which came a day after the advertisement for Vearey’s post had closed, clearly indicating a haste to get rid of him.
Arendse said as the matter was sub judice, his only comment was to correct a gross material error of fact by the arbitrator who referred to him incorrectly as a colonel.
“I do not know what other errors are contained in his ruling but can confirm that the allegations that he refers to which were made by the “Grabber” General, Francinah Vuma, against me are indeed fake,“ he said.