Provincial Commissioner, Gauteng: South African Police Service v Mnguni

The respondent, an SAPS inspector stationed at Booysens Police Station, was charged with five counts of misconduct under SAPS Discipline Regulations for allegedly receiving bribes to unlawfully release detainees. He was acquitted on three counts but convicted on two, based largely on video footage obtained through a covert operation involving a civilian informant linked to the television programme Special Assignment. The disciplinary tribunal imposed dismissal. His internal appeal was dismissed. Instead of referring an unfair dismissal dispute to labour fora, the respondent approached the North Gauteng High Court on review, contending that the SAPS appeals authority, acting in a quasi-judicial capacity, failed to apply its mind and that the process was unfair. The High Court upheld the review and set aside the dismissal. SAPS appealed to the Supreme Court of Appeal.

The appeal succeeded with costs. The order of the High Court was set aside and replaced with an order dismissing the review application with costs.

The case clarifies that dismissals of state employees, including SAPS members, are labour matters that must be pursued through the mechanisms of the Labour Relations Act. It reinforces the principle that there is no residual common-law right to review employment dismissals in the High Court outside PAJA or the LRA, thereby preventing forum shopping and affirming the exclusivity of labour dispute resolution.