Police Constable who stole R44,000 from a foreign national loses Labour Court battle.
A Gauteng police officer who stole R44,000 from a man during an operation targeting undocumented foreign nationals in Bronkhorstspruit has been dismissed after the Labour Court overturned a two-month suspension imposed by a disciplinary hearing chairperson.
The Labour Court in Johannesburg druled that retaining a police officer found guilty of theft, who also failed to acknowledge the wrongfulness of his conduct, was contrary to the public interest and incompatible with the standards of integrity expected of members of the South African Police Service (SAPS).
Judge Makhura set aside the sanction imposed on Constable T.C. Lechele and substituted it with dismissal with immediate effect.
The court found that the disciplinary hearing chairperson had materially misdirected himself by failing to properly appreciate the seriousness of the misconduct and the implications of retaining a police officer who had been found guilty of theft.
Police officer stole R44,000 during Operation Shanela
The matter stemmed from Operation Shanela, a crime-fighting initiative aimed at preventing crime and enforcing the law.
On August 29, 2024, Lechele was among police officers deployed to Bronkhorstspruit to search premises and identify undocumented foreign nationals.
According to the judgment, Lechele entered a residence and one of its rooms before unlawfully taking R44,000 belonging to Lagebo Shange.
Following a complaint by Shange, Lechele was identified as the perpetrator during an identification parade.
A subsequent search resulted in the discovery of a plastic bag containing R44,000 in Lechele's bag. Shange identified the money as belonging to him.
Lechele was subsequently found guilty of contravening two provisions of the SAPS Discipline Regulations relating to improper conduct and conduct in breach of the police Code of Conduct.
However, the disciplinary hearing chairperson imposed a sanction of two months' suspension without pay.
Minister challenges lenient disciplinary sanction
The Minister of Police approached the Labour Court to challenge the sanction, arguing that it was irrational and unreasonable given the seriousness of the misconduct.
The Minister contended that the chairperson had placed undue weight on mitigating factors while failing to properly consider the gravity of the theft and Lechele's lack of remorse.
The Minister argued that dismissal was the only appropriate sanction.
Court questions retaining dishonest police officers
Judge Makhura emphasised that police officers are entrusted with upholding and enforcing the law, protecting the public and preventing and investigating crime.
The judgment stated that theft committed by a police officer while executing official duties constituted a serious abuse of public trust.
The court noted that Lechele had pleaded not guilty and displayed no remorse or appreciation of the seriousness of his actions, despite the stolen money being discovered in his personal bag in the vehicle he was driving.
Although Lechele was a constable with approximately five years' service at the time, the court said his rank did not diminish the seriousness of the misconduct.
“In my view, it is contrary to the public interest to retain in the police service an officer who has been found guilty of theft and who fails to acknowledge the wrongfulness of his conduct,” Judge Makhura said.
The judge added that he could think of no exceptional mitigating circumstances that would justify a sanction less severe than dismissal for a police official found guilty of dishonesty.
The court further found that the chairperson had failed to properly apply his mind to the relevant considerations, resulting in an arbitrary and irrational sanction.
Labour Court replaces suspension with dismissal
Judge Makhura said the matter was suitable for substitution rather than being referred back to the disciplinary hearing.
The court held that the material facts were not in dispute and that dismissal was the only reasonable and appropriate sanction, considering the nature of the misconduct and its incompatibility with continued employment in the SAPS.
The Labour Court consequently replaced the two-month suspension without pay with dismissal with immediate effect.