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The applicant was one of the officers who took part in the responses to quell and monitor the unrest situation. It is a notorious fact that the security concerns remained for a better part of that year with sporadic flare-ups from time to time,” said Judge Maphanga.

He further observed that, it was common cause that in the midst of these developments on November 1, 2021, the applicant tendered his written resignation to the NATCOM. In the letter of resignation, according to the court, Msibi cited his reason and disaffection with the police service due to his personal safety and security concerns owing to certain circumstances that gave rise to a sense of personal vulnerability and exposure.

Circulation

“In this regard, he claims that a photograph of his likeness was leaked via social media platforms amid the circulation of what he terms were false allegations of his involvement in heavy handed-action and acts of armed violence including shooting of civilians attributed to the police. In a word he alleged that he felt he had been unfairly and falsely exposed or implicated as a perpetrator of the said acts of violence,” said Judge Maphanga. The court said, it mentioned these circumstances as background and they were not material to the determination of the application. The judge went on to state that it was also a common ground that the applicant’s resignation was not accepted or acceded to by the NATCOM. The court ruled that the NATCOM’s decision dated November 2, purporting to grant authority to the PS to terminate the applicant’s services on deferred retirement, was declared unlawful and a nullity and, therefore, set aside. The PS in the Ministry of Public Service is reportedly the one who wrote a memorandum stating that Msibi was to be placed on deferred retirement.