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In a significant breakthrough for workers' rights, the Police and Prisons Civil Rights Union (POPCRU) has successfully halted the controversial expeditious disciplinary process in the South African Police Service (SAPS). This follows numerous grievances about the abuse of disciplinary procedures to unfairly punish police officers – a matter raised at a recent Safety and Security Sectoral Bargaining Council (SSSBC) meeting.

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. 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.

POPCRU President Thulani Ngwenya states, “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.

“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.”

POPCRU’s fight against Regulation 9

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.

“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,” explains 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 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.

Caution against misinformation

In the wake of this victory, POPCRU has warned its members to be cautious of misinformation, particularly from parties claiming easy victories without acknowledging the hard work and persistence required to achieve these outcomes.

“There have been instances where individuals have sought to take credit for the union’s efforts, using these achievements for personal gain rather than the collective good. We must celebrate this win, but also remain vigilant of those who aim to prioritise their own upward mobility over the interests of the collective. POPCRU’s success in halting the expeditious process is the result of years of hard work, and we will not allow others to undermine this work by spreading misinformation,” says Ngwenya.

The union has called on members to continue supporting its efforts and to remain disciplined as POPCRU pushes for further reforms to the SAPS’ disciplinary procedures. Unity remains crucial to safeguarding the gains achieved through collective bargaining, it emphasises.

“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,” concludes Ngwenya.

Issued by Police and Prisons Civil Rights Union