Media Statement from the Office of the National Commissioner

South African Police Service

26 November 2013

Pretoria - Further to media reports regarding an employee of the South African Police Service who was not paid for a period of five years, the SAPS would like to put the matter in perspective as follows:

On 7 October 2008 the employee was dismissed from the SAPS in terms of Section 17(3)(a)(i) of the Public Service Act, 1994, for absenting himself from duty for a period exceeding 30 days without authorization.

The employee appealed the dismissal but this was unsuccessful. The employee then challenged this at the Safety and Security Sector Bargaining Council.

A representative of the SAPS who participated in this process agreed, without authority, to a settlement on 1 March 2012.  In terms of the settlement the employee could be re-instated within 30 days. The member then reported for duty on 3 April 2012.

This settlement does not mean that the SAPS was wrong in dismissing the employee.

Section 17(3) (b) makes provision for the re-instatement of an employee after such dismissal, of which the period of absence shall be deemed to be absence on vacation leave without pay.

It must be noted that the authority to re-instate an employee who was dismissed in terms of this regulation is vested only in the Minister of Police. The reinstatement was brought to management's attention months after it was unprocedurally entered into.

Notwithstanding, approval for the re-instatement was obtained from the Minister of Police on 11 November 2013.

As per the settlement agreement, the employee's outstanding salary payments for the period from when he commenced duty on 3 April 2012 to date will be paid to him during December 2013. The period 7 October 2008 to 2 April 2012 has been processed as leave without pay.

-End-

Media Enquiries:

Lieutenant General Solomon Makgale

082 778 3718