Connect with us

Daily Trends

The expelled police captain who fought for his job wins — and gets 10 years’ back pay

Published

on

The expelled police captain South africa

A police officer who lost his job when he was wrongly convicted of indecent assault is in line for a decade’s worth of back pay after his six-year fight for reinstatement ended in victory.

The labour appeal court in Gqeberha ordered the national police commissioner this week to reinstate Capt Meshack Phopho “forthwith … with no loss of rank, salary, allowances, privileges or benefits”.

In 2015, then-commissioner Riah Phiyega used a technicality when she rejected a recommendation to reinstate Phopho after the high court in Grahamstown upheld his appeal.

Phopho won his case for reinstatement in the labour court but the police appealed and unleashed a team of three advocates against Phopho’s sole legal aid lawyer in the labour appeal court.

A bench of three judges concluded that Phiyega “acted arbitrarily and irrationally [and] in contravention of the principle of legality in the constitution” when she declined to reinstate Phopho after his successful appeal because he did not apply within 30 days of the judgment being delivered.

Phopho’s ordeal began when he was alleged to have indecently assaulted a colleague at Maclear police station in the Eastern Cape in 2010.

A disciplinary hearing cleared him but by then criminal charges had been pressed, and the regional court in Elliot convicted him and sentenced him to eight years’ imprisonment.

Phopho immediately signalled his intention to appeal but within 11 days he was fired in accordance with the SA Police Service Act.

While he awaited an appeal date, he unsuccessfully applied for reinstatement, and he tried again in February 2015 after learning that the high court had cleared him.

In her response 18 months later, Phiyega said his application should have been made within 30 days of judgment being handed down in November 2014, even though Phopho’s lawyer said he was notified of the outcome only three months later.

Phiyega said at the time: “The late submission is a matter of negligence by the lawyers of the dismissed member. It is therefore not an issue for SAPS. The lateness cannot be proved in any manner. The burden of proof is for the member and can be argued in court. SAPS must comply with the prescriptions and be consistent.”

In the labour appeal court ruling, Judge Philip Coppin said Phopho’s successful appeal against his conviction ought to have resulted in his automatic reinstatement.

By requiring officers like him to apply for reinstatement, and to do so within 30 days, the SAPS Act was “open to a meaning which is inimical to and not in conformity with the constitution”, he said.

“For now, the issues raised in this matter possibly requires us, metaphorically speaking, to apply palliative therapy to a limb that may be gangrenous and might require amputation, possibly along with other limbs that are equally affected by the same malady.”

Continue Reading
Advertisement
Click to comment

Leave a Reply

Your email address will not be published. Required fields are marked *

Facebook

Sports

Tech

Jovaza News

Daily Trends5 hours ago

Video: Black students in a serious fight with Afrikan students at Witbank

The footage shows an incident in which two black students are fighting a white learner in a mainly white school,...

scope scope
Mzansi10 hours ago

2 robbers shot dead after attempting to rob workers at Cape clinic

Two robbers were shot dead in Gugulethu on Tuesday, following an attempting to rob workers who were tarring a parking...

kwesta (1) kwesta (1)
Biography10 hours ago

Kwesta | Biography & History | AllMusic

Kwesta whose real name is Senzo Mfundo Vilakazi was born on 11th August 1988 in Katlehong, East Rand in South...

babyk babyk
Mzansi10 hours ago

Newborn baby girl kidnapped in Klerksdorp

Police has launched a search following a kidnap of a newborn baby girl in Klerksdorp. Lieutenant Colonel Amanda Funani, police...

jamie-horz jamie-horz
Entertainment10 hours ago

Jamie Foxx set to battle DJ Bongz on the Gwaragwara dance

Jamie Foxx is much prepared to battle with DJ Bongz on the Gwaragwara dance. This is coming after the American...

goal goal
Lifestyle10 hours ago

Seven financial goals every woman should set in their 30’s

In your 30’s as a woman set your priority right, you probably have a great job, a family and so...

dam dam
Lifestyle11 hours ago

Best 10 dams in South Africa

A dam is an artificial barrier constructed to stop or restrict the flow of water or underground streams. They are...

djbusta djbusta
Entertainment11 hours ago

Video: Busta 929 has another teenager in the studio

Busta 929 has shot the mouth of his haters up after a viral video of him recording a song with...

panty-sex panty-sex
Daily Trends11 hours ago

Woman said: I can’t have sex any more, Here is why

A woman was tired of her husband’s cheating, but didn’t want to lose him, So she came up with a...

Rouge (2) Rouge (2)
Entertainment11 hours ago

Rouge signs partnership with USNSA

Rouge took to her social media to announce her new partnership deal with USNSA. The star announced her partnership with...

vendor vendor
Mzansi11 hours ago

JMPD to investigate viral video of officers allegedly harassing street vendor

The Johannesburg Metro Police Department (JMPD) has launched an investigation into the street vendor abuse claim. A viral video has...

sui sui
Politics12 hours ago

SIU granted an order to freeze money linked to Digital Vibes

The Special Investigating Unit (SIU) has been granted an order to freeze money held in bank and investment accounts linked...

Zola -7 Zola -7
Entertainment12 hours ago

Zola 7 debunk rumours of being seriously ill and struggling

Zola 7 dismisses a rumour that he is still ill and struggling, the artist has for a while been off...

khu khu
Entertainment13 hours ago

Kelly Khumalo tells men – “My body is not for sale”

Kelly Khumalo gave a serious warning to men in a video shared on social media about her body. The music...

kanda kanda
Entertainment13 hours ago

Criselda Kananda slammed for changing surname after her divorce

Criselda Kananda took to her social media to speak up on the issue of divorce. The star revealed a lot...

Moonchild Moonchild
Entertainment13 hours ago

Moonchild spotted twerking in a recent video

Moonchild Sanelly storms social media with a video of herself twerking. The star left her viewers jaw dropping as she...

quq quq
Politics13 hours ago

Mauritania former president arrested amid corruption probe

Mauritanian authorities have apprehended the former president Mohamed Ould Abdel Aziz, one of his lawyers said on Wednesday, following an...

caspp caspp
Entertainment13 hours ago

Beyoncé’s charity hails Cassper Nyovest

Beyoncé’s charity Bey-GOOD is celebrating and honouring black artist’s from all over the world. Just last night, the BeyGOOD Twitter...

dollar dollar
Mzansi13 hours ago

SA man jailed for attempting to smuggle US dollars

 A South African man has been sent to jail for six years, after he was caught red-handed attempting to smuggle...

Education

Trending

%d bloggers like this: