POPCRU obo Tebogo Makhetle v Safety and Security Sectoral Bargaining Council and Others

Mr Tebogo Makhetle, a SAPS constable employed since 2006, was dismissed in June 2013 after being found guilty at a disciplinary enquiry of receiving and possessing stolen property. The charges arose from an incident on 1 August 2012 where Makhetle was present at a pawnshop in Diepkloof with two other men and a Nikon digital camera that had been stolen during an armed robbery at Ms Ntsiki Madela’s home. Evidence showed that Makhetle identified himself to JMPD officers as the person pawning the camera and produced his SAPS card. He explained that he was pawning the camera to recover money owed to him. The stolen camera was positively identified by the complainant through family photographs. Makhetle denied possession at arbitration and claimed that his friend, Mr Seoke, was pawning the camera and had received it from a third party. The arbitrator rejected this version, found Makhetle guilty of misconduct, and upheld his dismissal. POPCRU brought a review application to the Labour Court.

The review application was dismissed, and the arbitration award upholding Mr Makhetle’s dismissal was confirmed. No order as to costs was made.

The case reinforces principles governing review of arbitration awards under the Sidumo reasonableness test and clarifies evidentiary consequences in cases involving possession of stolen property. It is particularly significant in labour law for misconduct involving criminal elements and for employees in positions of trust such as law enforcement officers.