Latest news with #SAPSAct
IOL News
11-07-2025
- IOL News
Labour court grants high-ranking police officer interim relief following ‘unlawful' dismissal
In its application, the Police and Prison Civil Rights Union, on behalf of Major-General Deena Moodley, said his termination was unlawful and contrary to his employment conditions with the SAPS. Image: Supplied A HIGH-RANKING police officer, who claimed he was 'unfairly' dismissed after he failed to attend a fitness inquiry due to ill-health, approached the Labour Court of South Africa in Johannesburg for urgent interim relief, which was granted. In its application, the Police and Prison Civil Rights Union (Popcru), on behalf of Major-General Deena Moodley, said his termination was unlawful and contrary to his employment conditions with the SAPS. Moodley sought interim relief, which included being reinstated without loss of remuneration or benefits such as medical aid, pending the outcome of a review application that the decision of the SAPS to convene a Fitness Board of Inquiry in terms of section 34(1) of the South African Police Services Act No. 68 of 1995 was unlawful. The outcome of the review would also declare that his dismissal was in breach of his conditions of employment and therefore invalid. Moodley sought that the matter be heard on an urgent basis because 'he was seriously ill, required medical attention, and his medical aid membership had been terminated as a result of the SAPS' unlawful conduct'. According to the judgment recently handed down by Judge Reynaud Daniels, Moodley served in the SAPS for more than 30 years until his dismissal on May 14, 2025. At the time of his dismissal, Moodley was a senior member of the SAPS. He had been the Head of SAPS Crime Intelligence: Collection until he was transferred to the Divisional Inspectorate on October 20, 2023. Moodley previously served as the head of Crime Intelligence in KwaZulu-Natal. According to the court papers, shortly thereafter, Moodley felt unwell and consulted a medical practitioner. His medical condition persisted. 'The applicant (Moodley) was absent from work for varying periods between late 2023 and 2025, apparently submitting medical certificates from time to time. As a result of his absences from work, on or about April 4, 2025, the SAPS issued a notice to the applicant in terms of section 34(1) of the SAPS Act. 'The notice informed the applicant that a Fitness Board of Enquiry would be convened on 24 and 25 April to determine his fitness for duty, in accordance with section 34(1)(b), (c) and (e) of the SAPS Act. The applicant, being unwell, consulted with a specialist psychiatrist who issued a medical certificate, booking him off from 7 April to 7 May,' it read. On April 16, Popcru wrote a letter to Colonel SB Ntuli, in his capacity as the chairperson of the inquiry. They advised him that Moodley had been booked off until May 7. In the letter, Popcru requested that the inquiry be postponed. 'Despite the request for a postponement, the hearing was convened on April 24. Popcru attended the hearing, but the applicant was absent, and presented the chairperson with a medical certificate and an affidavit from the medical practitioner. 'By agreement, the hearing was postponed to May 5, despite the chairperson being advised that the applicant was booked off until May 7. The chairperson required the parties to make written submissions by May 5,' it read. From April 29, Popcru and Moodley's attorneys attempted to secure an undertaking from the SAPS that the hearing would not proceed, to no avail. By May 5, Moodley had failed to make any representations, and the chairperson of the inquiry considered only the representations from the SAPS, the court papers read. On May 6, Moodley launched an urgent review application, which came before Acting Judge Matyolo on May 13. 'The court accepted that the matter was urgent but dismissed the application on the basis that the application was premature because no finding had yet been made by the fitness board. On the following day, the applicant was notified that he had been dismissed. 'In the minutes of the inquiry, the chairperson, Colonel SB Ntuli, despite the absence of the applicant found, on or about 10 May, that the applicant was unwilling to fulfill his employment contract, and unwilling to repent for his lengthy absences from work. In addition, the chairperson stated that the applicant is unconcerned with the employer's operational needs and values,' it read. According to the court papers, on May 13, the Divisional Commissioner Crime Intelligence, which is the convening authority, decided to terminate Moodley's services. In addition, the Divisional Commissioner Crime Intelligence, found inter-alia that Moodley had been absent from work since his transfer in late 2023. 'He noted that the applicant had submitted medical certificates which covered only part of the period of his absence, that the applicant had not secured the security clearance required to perform his duties, and that the applicant had been absent from duty without leave. 'The minutes of the Board, and the recommendations of the chairperson, were not forwarded to the applicant. The applicant, therefore did not make representations to the convening authority regarding the recommendations of the Board,' it read. In handing down judgment, Daniels said it was common cause that a section 34(1) inquiry was not a substitute for a disciplinary procedure. 'The respondents contended that the Board has a discretion to convert the inquiry into a disciplinary hearing. This is incorrect, for several reasons. The Disciplinary Regulations are clear that the alleged conduct of the applicant, absence without reason or permission, constitutes misconduct. This must therefore be dealt with in a disciplinary process. 'The (police) minister has not published any guidelines in terms of section 34(3) of the SAPS Act catering for the circumstances under which such an inquiry may be converted or deemed to have been converted into disciplinary proceedings,' he said. Daniels said by proceeding with the inquiry and failing to refer the issue to a disciplinary hearing to be conducted in accordance with the Discipline Regulations, the respondents breached Moodley's contract of employment. He said among the requirements for the granting of an interim interdict, an applicant must establish a prima facie right even if it is open to some doubt. 'The applicant has proven his prima facie right. The papers reveal that there is a reasonable apprehension of irreparable harm. Absent his medical aid, and continued income, the health of the applicant will be in jeopardy,' he said. Daniels said Moodley had also proven the breach of his employment contract. He said pending the final determination of the review application, an order was granted declaring that the respondents' dismissal of Moodley was in breach of his conditions of employment and therefore unlawful. Daniels also ordered that Moodley be reinstated into his previous position without loss of remuneration or benefits. THE POST
IOL News
02-06-2025
- Politics
- IOL News
Is the DA's call for policing power devolution just a cop-out?
The debate surrounding the devolution of policing powers reemerged over the weekend after Portfolio Committee on Police chairperson Ian Cameron attended a ride-along in Manenberg. Image: Ian Cameron/Facebook/Supplied The DA's repeated call for the devolution of policing powers is facing sharp scrutiny with one political analyst labelling it a copout. The debate surrounding devolution reemerged over the weekend after Portfolio Committee on Police chairperson Ian Cameron (DA), attended a ride-along in Manenberg. Cameron posted on social media about his ride-along which he undertook with fellow DA MPs Lisa Schickerling and Nicholas Gotsell, and how they joined the Special Operations team of the City of Cape Town's metro police in Manenberg and surrounds on Friday. 'I am a firm believer that they should have more policing powers. Why wouldn't we allow this brilliant group of people to be able to do more? Just imagine if we could do something like ballistic testing and gang violence investigation, decentralised? The impact for communities that suffer under the scourge of violence would be significant,' Cameron said. '...It's so exciting to see the work that they do, along with law enforcement, and of course, the renowned LEAP programme. 'I want to zoom in on Metro (Police), this past week I brought a motion in Parliament to ask once again that the Minister of Police (Senzo Mchunu) please give more policing power to Metro Police. 'It is significant because (they) not only do incredible work on the ground, but if they have more policing power, they could actually put more people behind bars, and keep them there… 'Imagine if they could do more investigations, or if they could do some of the ballistic testing? The legislation already allows for this,' Cameron said. In another post, Cameron elaborated that municipal officers may currently arrest and confiscate weapons but cannot build court-ready case dockets. He said that function is reserved for SAPS, 'where backlogs, skill shortages, and delays continue to cause severe disruptions in justice being served, if at all.' 'The Police Minister has the power to change this immediately. Under the SAPS Act, he can devolve investigative functions to competent municipal authorities via regulation. He has the legal authority.' In response to Cameron's remarks Police Minister Senzo Mchunu's spokesperson, Kamogelo Mogotsi, said: 'The ministry's focus is on ensuring that the high levels of crime in the country are reduced. A number of enablers have been identified by the ministry, which will be used to fight crime. 'Furthermore, following the National Policing Summit which was convened in April, various measures will be implemented that will usher in a new type of policing - one that is effective, efficient, responsive and professional.' However, political analyst Sanusha Naidu explained that this issue has been an ongoing gripe for the DA regarding what they can and cannot do under the safety and security portfolios. Naidu said that the party is seeking to mimic what the National Party wanted to do during the negotiation for the transition into democracy, 'in other words, what they want is not a unity state, but rather a devolved set of powers that are defined along the lines of a federal state'. '...This discussion around a unity state versus a federal state is that you can't go back (to when the Constitution was being made) and ask the question, as you have a Constitution that defines powers,' Naidu said. 'You have a Constitution that essentially enables for a unity state. 'The Western Cape is a push-and-pull factor of tension. It is constantly in an elasticity of tension, as you have that one issue of 'look at us, we've done so well'... The DA has used the idea that it is the ruling party in the Western Cape to push a narrative that 'we have a better handle on how to govern', now the reason why they are able to push that is because…everywhere else is broken. 'So if you look at what the DA tried to do in Gauteng, and Eastern Cape when Athol Trollip was part of the DA… they are constantly trying to push the narrative that 'we govern better' but what they don't tell you is that the governing comes from such a low base in comparison to the rest of the country.' 'When you think about the optics and narrative when you live in the City of Cape Town, you can see the contradictions of that narrative… It is a complete copout to say that you can't address the issue because we don't have the powers to do so. It is easy. 'However, let's make the assumption that we give you the powers to do so, will you be able to do it, and I think that they are hiding behind this argument… There is no tried and tested argument because we don't have a benchmark for them to try it,' Naidu said. 'There is no benchmark to say, 'hang on, is there another method or methodology or another intervention you can make?' If you are still waiting for these powers to be devolved, you have to go back to the Constitution." [email protected]
IOL News
31-05-2025
- IOL News
Lieutenant General Godfrey Lebeya reflects on his legacy in the SAPS
Lieutenant General Godfrey Lebeya on Saturday delivered his last media briefing before retiring from the SAPS. Image: Ntswe Mokoena/GCIS Lieutenant General Godfrey Lebeya spoke fondly of his trials and tribulations, including being the best student of the course in June 1985 during his last media briefing before retiring from the SAPS on 1 June 2025. The SAPS- Directorate for Priority Crime Investigation (DPCI-Hawks) held a legacy report briefing for the outgoing National Head in Pretoria on Saturday. Lebeya reflected on his tenure at the helm of the DPCI from 2018 to 2025 and offered insights into the milestones, challenges, and achievements during his leadership. In his parting shot, Lebeya recommended that part of the improvement plan for the SAPS should include: Work on capacitation of the DPCI to achieve 100% human resource capacity. Lebeya requested authority's to provide financial resources to achieve this. Work on the implementation of the remaining provisions of the SAPS Act. Work on the acquisition of the office accommodation for the personnel. Continue to work on acquisition of modern tools of trade. Continue to build the DPCI to be a criminal Investigative elite unit of South Africa. Lebeya began working in the SAPS at the Sophiatown Police Station on 12 May 1984 and said he aspired to be a mechanical engineer, but his application to the SAPS Benoni Mechanical School was unsuccessful. Over the years he worked at Hillbrow SAPS in Crime Prevention and Criminal Investigation Department (CID) in the house-breaking and theft unit. He was later transferred to investigate more serious cases such as murders, robberies, bribery, forgery, uttering and fraud. Lebeya went on to establish the Johannesburg North Fraud Section which was based at Sandton police station. In January 2000, he was appointed the Provincial Head of Specialised Investigations in Gauteng Province and by November 2000, he was appointed the Provincial Head of Detective Service in Gauteng on the rank of Assistant Commissioner, the current Major General rank. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ In his academic pursuit, Lebeya completed a Bachelor of Laws (LLB) degree and by 2006 was admitted as an Advocate of the High Court of South Africa. Lebeya also pursued a Doctorate degree which was conferred in the field of Law, Doctor of Laws (LLD) in 2012 on the topic of 'Understanding Organised Crime'. One of his crowning moments came in June 2018, when he was appointed as the National Head of the DPCI. 'Part of the style of investigation is to conduct major investigations. In Project-Driven Investigations, we initiated 113 complex projects and successfully concluded 67 which is 75% while others are still pending and others unsuccessful. A total number of 566 arrests were effected,' he said . Lebeya said he worked on enhancing technological systems and believed that the Digital Forensic Unit is growing with public private partnerships. 'We have established the Forensic Accounting Investigation which has also partnered with business to ensure transferal of skills. Our coordination of work has been enhanced with the operationalisation of the National Priority Crime Investigations and its sub-committees,' Lebeya said.
IOL News
23-05-2025
- Politics
- IOL News
Cape Town grapples with illegal firearms: Only 5% of cases lead to convictions
Cape Town Mayor Geordin Hill-Lewis unpacked the City's case-tracking data at a briefing in Hanover Park on 22 May together with Alderman JP Smith, Mayoral Committee Member for Safety and Security. Image: Supplied Cape Town municipal officers have confiscated 1,670 illegal firearms between 2021 and January 2025; however, only 81 of these cases have resulted in convictions, raising concerns about what the City describes as a failing criminal justice system. Mayor Geordin Hill-Lewis revealed the figures during a safety briefing in Hanover Park on Thursday, stating that while City policing operations are successfully removing hundreds of illegal guns from the streets every year, the vast majority of these cases collapse before trial. 'Our investments to grow policing operations are now resulting in over 400 illegal firearms confiscated annually,' Hill-Lewis said. 'These efforts should lead to the removal of hundreds of violent criminals from society each year, but a broken criminal justice system has so far secured convictions in just 5% of the 1,670 cases.' City data shows that nearly 50% of cases were rejected by the National Prosecuting Authority (NPA) due to insufficient evidence or poor prospects for prosecution. In many others, delays are caused by outstanding ballistics or DNA reports, and cases waiting for an NPA decision to prosecute. Some suspects have even remained at large for years despite warrants of arrest being issued. The City believes a significant part of the problem stems from the fact that municipal officers are prohibited from investigating or compiling criminal dockets. Hill-Lewis now calls on the National Police Minister to devolve investigative powers to City police officers under the SAPS Act. 'We have the necessary policing resources which are immediately available to help police and prosecutors dramatically raise conviction rates,' he said. 'We stand ready to help gain more convictions for the sake of long-suffering communities where the poorest and most vulnerable are hardest hit by violent crime.' Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Next Stay Close ✕ Alderman JP Smith, Mayoral Committee Member for Safety and Security, said the lack of SAPS resources is crippling gun crime cases. 'It is important to note that there are killers still walking free even after being caught as far back as 2021, simply because SAPS lacks the capacity to complete the dockets necessary to go to trial and win,' Smith said. The City has since introduced training for its officers in statement writing and docket preparation and established a Safety and Security Investigations Unit (SSIU) to assist with building stronger cases. Cape Town is also investing heavily in crime-fighting infrastructure, including a R800 million rollout of gunshot detection, bodycams, dashcams, drones and the EPIC digital coordination system, but says none of it will matter if convictions remain this low. 'We're doing our part. SAPS must do theirs,' said Hill-Lewis. 'The devolution of investigative powers is not a political demand; it is a practical solution to a deadly problem.'
IOL News
22-05-2025
- Politics
- IOL News
Cape Town's fight against illegal firearms: A 5% conviction rate raises concerns
Cape Town Mayor Geordin Hill-Lewis unpacked the City's case-tracking data at a briefing in Hanover Park on 22 May together with Alderman JP Smith, Mayoral Committee Member for Safety and Security. Image: Supplied Cape Town municipal officers have confiscated 1,670 illegal firearms between 2021 and January 2025; however, only 81 of these cases have resulted in convictions, raising concerns about what the City describes as a failing criminal justice system. Mayor Geordin Hill-Lewis revealed the figures during a safety briefing in Hanover Park on Thursday, stating that while City policing operations are successfully removing hundreds of illegal guns from the streets every year, the vast majority of these cases collapse before trial. 'Our investments to grow policing operations are now resulting in over 400 illegal firearms confiscated annually,' Hill-Lewis said. 'These efforts should lead to the removal of hundreds of violent criminals from society each year, but a broken criminal justice system has so far secured convictions in just 5% of the 1,670 cases.' City data shows that nearly 50% of cases were rejected by the National Prosecuting Authority (NPA) due to insufficient evidence or poor prospects for prosecution. In many others, delays are caused by outstanding ballistics or DNA reports, and cases waiting for an NPA decision to prosecute. Some suspects have even remained at large for years despite warrants of arrest being issued. The City believes a significant part of the problem stems from the fact that municipal officers are prohibited from investigating or compiling criminal dockets. Hill-Lewis now calls on the National Police Minister to devolve investigative powers to City police officers under the SAPS Act. 'We have the necessary policing resources which are immediately available to help police and prosecutors dramatically raise conviction rates,' he said. 'We stand ready to help gain more convictions for the sake of long-suffering communities where the poorest and most vulnerable are hardest hit by violent crime.' Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ Alderman JP Smith, Mayoral Committee Member for Safety and Security, said the lack of SAPS resources is crippling gun crime cases. 'It is important to note that there are killers still walking free even after being caught as far back as 2021, simply because SAPS lacks the capacity to complete the dockets necessary to go to trial and win,' Smith said. The City has since introduced training for its officers in statement writing and docket preparation and established a Safety and Security Investigations Unit (SSIU) to assist with building stronger cases. Cape Town is also investing heavily in crime-fighting infrastructure, including a R800 million rollout of gunshot detection, bodycams, dashcams, drones and the EPIC digital coordination system, but says none of it will matter if convictions remain this low. 'We're doing our part. SAPS must do theirs,' said Hill-Lewis. 'The devolution of investigative powers is not a political demand; it is a practical solution to a deadly problem.' IOL News Get your news on the go, click here to join the IOL News WhatsApp channel.
