Cape Town - Suspended national deputy police commissioner Francinah Vuma’s attempt to have her suspension lifted has failed after her application to the Labour Court was dismissed.
Vuma, who faces charges of misconduct before the Safety and Security Sectoral Bargaining Council (SSSBC), approached the Labour Court in Johannesburg where she sought the court’s intervention by way of an urgent application to uplift her suspension.
Vuma had also sought an order for SAPS to produce documents she requested for making representations in response to SAPS’s intention to suspend her.
Vuma faces charges of misconduct in relation to not having furnished police watchdog Ipid with documents for their investigations and was implicated in unlawful procurement of personal protective equipment, resulting in irregular expenditure of some R500 million.
Labour Court Judge André van Niekerk said Vuma was ultimately trying to gain immunity from any internal disciplinary procedures.
“This court must be particularly cautious not to undermine internal disciplinary processes, and dispute resolution structures established in the CCMA or bargaining councils.
“The final order that the applicant seeks to the effect that she made a protected disclosure would have that consequence, since what Vuma seeks is to be granted immunity against all disciplinary processes,” said Van Niekerk.
On January 13, 2021, the North Gauteng High Court in Pretoria delivered a judgment which declared Vuma to have breached her duties by failing to furnish Ipid with information and documents for its investigations.
“Applications for leave to appeal against the judgment were dismissed by the High Court, and later the Supreme Court of Appeal and the Constitutional Court.
In consequence of these rulings, on July 8, 2022, the employee was placed on precautionary suspension in terms of the SAPS Discipline Regulations. In terms of the regulations, an employee may be placed on precautionary suspension pending after having been afforded a reasonable opportunity to make reasonable representations,” the judgment read.
While these hearings had continued, on August 29, 2022, SAPS received a report from the Special Investigating Unit implicating Vuma in what is alleged to be the irregular and unlawful procurement of PPE wear, resulting in irregular expenditure.
“In the present instance, Vuma is in receipt of a report by the SIU that implicates (her) in serious misconduct. The veracity of the allegations made against her will be tested in due course, in an appropriate forum. There is no evidence to suggest that SAPS, in suspending Vuma for the purpose of an investigation into the matters raised in the SIU report, is in any way arbitrary, capricious or malicious, thus placing the case in the category of the exceptional,” said Van Niekerk before dismissing the application.
Responding to the judgment, police ministry spokesperson Lirandzu Themba said: “The Ministry of Police respects the outcome of the court judgment.”
Cape Times