Durban - A metro police officer and his two co-workers got fired for greeting his boss with “Good morning, mlungu,” while the boss who referred to him by the k-word got a slap on the wrist.
However, both parties have denied using the derogatory words and the matter was this week taken on appeal. The outcome is expected on Tuesday.
Constable Siyabonga Mzobe, 38, was found guilty of calling Captain Shane Spilsbury an mlungu, while Sphamandla Madida, 38, and Mthembeni Mtshali, 30, were found guilty of making a false statement on an affidavit, denying that the captain was referred to as an “mlungu” and for testifying he had used the k-word.
The matter dates to 2016 when a complaint was laid against Spilsbury for allegedly using the k-word. He opened a counter claim and alleged he was called “mlungu”, while at the Queensburgh police station.
The internal disciplinary charge sheet found that the word “mlungu” was derogatory.
South African Municipal Workers Union (Samwu) representative Joe Mabaso claimed that proper procedures were not followed in the disciplinary hearing against the dismissed officers.
“The hearing against Spilsbury was fast and hush-hush; we heard he was slapped with a warning.
“The hearing against the three officers was not done properly because they were not part of it.
“The hearing went ahead without their knowledge. The committee was informed that the date set for the hearing clashed with a court case in which Mzobe had to be a witness
“On the other date provided, their representative had to attend to another case but management still went ahead with the hearing without their presence,” said Mabaso.
At the beginning of the hearing, Samwu had requested that the presiding officer recuse himself on the grounds that he was appointed by a manager who was allegedly implicated and had vested interest in the matter.
“We are positive the decision will be set aside and the officers will be reinstated. The management did not follow the proper disciplinary procedure and also failed to observe natural justice in conducting the proceedings,” said Mabaso.
The officers confirmed the complaint while Spilsbury declined to comment.
Metro police head Steve Middleton said he became aware of the matter last week. “We met in City Hall and are going forward with regards to an appeal process. I look forward to an appeal process taking place and a decision that is aligned to good governance not that the previous decision was not in good governance but in terms of the collective agreement arising from the bargaining council between management and labour.”