National Commissioner of Police Service and Another v Bobie N.O. and Another

The National Commissioner of the South African Police Service (SAPS) and SAPS itself brought an unopposed application in the Labour Court under section 158(1)(h) of the Labour Relations Act 66 of 1995 to review and set aside a decision of the SAPS Appeals Authority (Colonel MD Bobie N.O.). The Appeals Authority had upheld an internal appeal by Sergeant F. Caalsen and overturned his dismissal for misconduct arising from a shooting incident that resulted in a death. The Appeals Authority found that there was insufficient evidence that Caalsen fired the fatal shot, that elements of private defence were present, and that Caalsen should be treated consistently with a co-accused who had fired warning shots and received only a fine. SAPS sought to review this appeal decision on the basis that it was irrational, unreasonable, unjustifiable, and grossly irregular, and also sought condonation for the late filing of the review.

The application for condonation and the application for review were dismissed.

This judgment reinforces the distinction between appeal and review in South African labour and administrative law, particularly in the context of section 158(1)(h) of the LRA. It underscores that state employers cannot use review proceedings to re-litigate the merits of disciplinary decisions taken by their own functionaries. The case contributes to jurisprudence clarifying the need for precise pleading and legal conceptualisation when invoking PAJA or the principle of legality in labour-related reviews.