Abstract
The purpose of this dissertation is to analyse and evaluate the disciplinary processes and procedures contained in the disciplinary regulations applicable to the South African Police Service. In South Africa, disciplinary procedures and processes need to comply with both the Constitution of the Republic of South Africa, 1996 and labour laws. Section 23(1) of the Constitution of the Republic of South Africa provides for the right to fair labour practices, while section 1(d)(iv) of the Labour Relations Act 66 of 1995 as amended provides for the purpose of the Act, which is to promote the effective resolution of disputes. Furthermore, the Labour Relations Act protects employees from unfair dismissals and unfair labour practices. The Code of Good Practice: Dismissal of the LRA provides employers with guidelines that must be followed before dismissing employees for misconduct or incapacity. The Code of Good Practice: Dismissal of the LRA emphasise that dismissal of an employee for misconduct needs to be both procedurally and substantially fair. Furthermore, this Code recognises an employer’s right to discipline employees.
The International Labour Organization’s Termination of Employment Convention 158 of 1982 and the Termination of Employment Recommendation 166 of 1982 provide guidelines to employers with regard to termination of their workers’ employment. In this dissertation, the ILO standards will be considered and the position in South Africa will be measured against these standards. The South African Police Service like all other global policing services is guided by a Code of Conduct that prescribes the acceptable behaviour of employees of the service. The Constitution of the Republic of South Africa, 1996 provides in section 195(1)(a) that, the public administration must show acceptable standard of professional ethics. The South African Police Service Code of Conduct also states that “the police service should work actively towards preventing any form of corruption and bringing those guilty of unethical conduct to justice”.
This dissertation seeks to analyse the disciplinary frameworks applicable to employees of the South African Police Service who are alleged to have committed acts of misconduct to determine whether they are applied fairly in compliance with labour laws. Misconduct by police officials has deep effects on society such as mistrust, reduced legitimacy of the police to carry out its constitutional mandate and threatens the security of ordinary citizens. This dissertation will compare the best practices of the Namibian Police Force in order to get practical solutions that may be implemented in the South African Police Service. Furthermore, this dissertation presents recommendations for the South African Police Service to effectively apply these regulations in a manner that complies with both the Constitution and labour laws.
Keywords: dismissal, discipline; unfair labour practice; misconduct; South African Police Service, Namibia; Namibian Police Force; Regulations; Fairness