National Commissioner of the South African Police Service and Another v Mphalele N.O. and Another

Mr Ashley Mezichel, a warrant officer employed by the South African Police Service (SAPS) as a legal adviser, had a history of alcohol abuse, emotional difficulties and erratic attendance. In September 2013 he absented himself from work on several occasions without permission and falsely completed entries in the SAPS Z8 attendance register to indicate that he had been on duty. After investigation, he was charged with dishonesty, unauthorised absence, and failure to comply with lawful instructions. A disciplinary tribunal found him guilty and imposed dismissal for falsifying attendance records. On internal appeal, the SAPS appeal authority confirmed the guilty findings but reduced the sanction of dismissal to a suspended dismissal, citing delay, mitigation, and lack of proof of an irretrievable breakdown of trust. SAPS sought review of the sanction under section 158(1)(h) of the Labour Relations Act. The Labour Court dismissed the review application, leading to the appeal before the Labour Appeal Court.

The appeal was upheld. The Labour Court’s order was set aside. The appeal authority’s decision of 27 November 2014 was reviewed and substituted with a decision upholding the disciplinary tribunal’s sanction of dismissal imposed on 4 February 2014. No costs order was made.

The case affirms that dishonesty by police officers, particularly those in positions requiring high levels of trust such as legal advisers, ordinarily justifies dismissal. It clarifies the application of section 158(1)(h) of the Labour Relations Act and reinforces the principle that internal appeal authorities must act rationally and consistently with the purpose of disciplinary rules. The judgment underscores the centrality of integrity and public trust in SAPS employment and limits undue leniency based on mitigation or procedural delay.