South African Police Service v POPCRU obo KD Mmatli and Others

Constable KD Mmatli, a member of the South African Police Service (SAPS), shot and killed a civilian, Mr Simphiwe Sitele, at his home in Dobsonville on 1 April 2013 using his service firearm. SAPS charged him under the SAPS Discipline Regulations 2006 with murder, endangering the lives of others, and improper discharge of a service firearm. He was found guilty of murder and firing his service pistol and dismissed. Mmatli referred an unfair dismissal dispute to the Safety and Security Sectoral Bargaining Council. The arbitrator found the dismissal substantively unfair and ordered reinstatement, accepting that Mmatli acted in self-defence based mainly on hearsay evidence from SAPS witnesses. SAPS’ review application was dismissed by the Labour Court, leading to this appeal to the Labour Appeal Court.

The appeal was upheld. The Labour Court’s order was set aside and replaced with an order declaring that Constable KD Mmatli’s dismissal was substantively and procedurally fair. No order as to costs was made.

The case clarifies the application of section 192 of the LRA in misconduct dismissals, confirming that while the employer must prove fairness, an employee bears the evidentiary burden for defences such as justification. It affirms that disciplinary liability under SAPS regulations is determined on a balance of probabilities and is independent of criminal acquittal. The judgment reinforces strict standards for police use of lethal force and limits reliance on hearsay evidence in arbitration.