The South African Police Service v The Safety and Security Sectoral Bargaining Council and Others (De Beer NO; POPCRU obo Ceki)

Ms Nokuthula Ceki, an administrative employee (secretary to the station commander) at the Stellenbosch SAPS, was dismissed for misconduct arising from events on 16 January 2019. Suspects, including her on‑off boyfriend, were arrested in connection with an ATM robbery. Ceki, who was not required to be at the station, involved herself in the arrest process, accessed restricted areas, interacted with suspects, attempted to take a suspect’s cell phone (an exhibit), and allegedly provided information suggesting the suspects could not have committed the robbery. She was charged with misconduct including interfering with the justice process, prejudicing SAPS’s interests, and acting in an improper and disgraceful manner. A criminal case against her was later withdrawn. An arbitrator found her dismissal substantively unfair and ordered reinstatement with limited backpay and a final written warning. SAPS brought a late review application to the Labour Court.

The late review application was condoned; SAPS was ordered to pay the third respondent’s costs of opposing condonation. The arbitration award was reviewed and set aside, and substituted with a finding that Ms Ceki’s dismissal was substantively fair.

The case clarifies that, in SAPS disciplinary matters, misconduct based on prejudice to the employer’s interests requires proof of intent rather than actual harm. It reinforces the Labour Court’s willingness to interfere with arbitration awards where arbitrators misconstrue charges, ignore essential elements such as intent, or make unsupported findings on the trust relationship. The judgment underscores the high standard of integrity required of SAPS employees, including civilian staff, and the centrality of trust in law‑enforcement employment.