Johannesburg - The Douglasdale police dispute could play out in court if police bosses fail to lift dismissals and notices of suspensions of the officers represented by the SA Policing Union (Sapu).
Dismissal letters were served on 27 officers, some of whom are affiliated to the Police and Prisons Civil Rights Union (Popcru), while dozens others were suspended for threatening the life of station commander Brigadier Leon Kruger.
A police officer working at the police station told The Star they had appealed to their bosses to remove Kruger and two other officers from the station for allegedly calling their colleagues k*****s.
When Kruger showed up for work on Monday, a group of officers had stormed his office, telling him that his “presence is an irritation that will lead to people being hurt”.
Subsequently, all officers involved were disarmed by Tactical Response Team members on Tuesday, and they were served with dismissal letters and notices of the intention to suspend them the next day.
Those suspended were given 48 hours to give reasons why they should not be suspended.
On Thursday, lawyers representing Sapu members wrote a letter to Gauteng provincial commissioner Lieutenant-General Lesetja Mothiba, saying the action taken against its members was not in line with the SAPS disciplinary regulations.
It stated that, under those regulations, the national, provincial or divisional commissioner was allowed to suspend the employee without remuneration if the alleged misconduct was listed in annexure A and that the case against the employee was so strong that it was likely the employee would be convicted of a crime and dismissed.
As the dismissals and suspensions were brought on by allegations of intimidation, notices served were “materially flawed, unlawful and with no legal effect” because the allegations were not offences listed like bribery, corruption, assault with grievous bodily harm, murder, rape and fraud.
“As provincial commissioner, you are requested to immediately withdraw the said notices. In the absence thereof, we will approach the Labour Court on an urgent basis to stop the unlawful actions of the employer,” the letter stated.
SAPS spokesman Solomon Makgale said on Thursday that police bosses were in a meeting and a statement would be released once they were finished. But by Thursday evening, there had been no comment.
Popcru deputy national president Nkosinathi Mabhida said the union was exploring legal avenues and would ensure its members were taken back.
Earlier on Thursday, the union said it was appalled by the unfair treatment towards members by its commanders.
The claims, which include racism, favouritism and victimisation, surfaced in August last year when officers at the station sought intervention from SAPS management, it said.
The union expressed dismay that racism was alive in the workplace.
“We call on the SAPS to stop deviating attention from this grave challenge by threatening to dismiss the members for raising concrete issues.
“Popcru condemns this reaction in the harshest terms possible,” it said.
On Friday national police commissioner Riah Phiyega said management of the SA Police Service (SAPS) was disappointed by the alleged conduct of officers at Douglasdale police station.
“The SAPS was concerned and disappointed with what transpired at the Douglasdale Police Station on Thursday, January 29th,” Phiyega said in a statement.
“The Code of Conduct requires police officers to uphold the law and to ensure compliance with SAPS policies and regulations.”
Phiyega said 62 officers who participated in the incident were issued with letters of dismissal, suspension, or both.
“The 12 members who were involved in the intimidation incident were issued with suspension notices requiring them to provide, within 48 hours, adequate reasons as to their misconduct and why they should not be suspended.”
A further 33 were issued with dismissal letters and given 30 days to make written representation to the police minister as to why their dismissal should not be made permanent.
Seventeen were given both letters of suspension and dismissal, she said.
There was no evidence to support their allegations.
“Certain police officers lodged allegations of racism, favouritism and discrimination against the station management late last year.
“An investigation was immediately launched and it was found that there were no facts to support the allegations.”
She said investigations were continuing and that more members could be charged.
The Star and Sapa