The Police and Prisons Civil Rights Union (POPCRU) has halted the ‘controversial’ expeditious disciplinary process in the South African Police Service (SAPS) after numerous grievances about the abuse of disciplinary procedures to unfairly punish police officers.
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, it said in a statement on 26 September. “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,” said POPCRU President Thulani Ngwenya.
“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.”
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, its implementation has been marred by controversy, the union said.
“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,” explained Ngwenya.
“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.”
In response, during a Safety and Security Sectoral Bargaining Council (SSSBC) meeting this month, SAPS management agreed to review its disciplinary procedures and to halt 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, POPCRU said.
“The fight against the expeditious disciplinary process is part of POPCRU’s broader struggle to ensure that all workers, not just those in the SAPS, are treated with dignity and respect in the workplace. While disciplinary procedures are necessary to maintain order, they must be conducted in a manner that respects the rights of all employees.
“We are advocating for a system that balances the need for responsive action with the requirement for fair and thorough hearings. Such a system will protect our members’ rights while ensuring that the SAPS is better equipped to uphold its constitutional mandate to serve and protect,” concluded Ngwenya.
