Sacked top cop’s reinstatement bid fails
An attempt by a former Otjozondjupa police deputy commissioner to get the Supreme Court to reverse the ruling of the High Court where he had challenged his dismissal was set aside by a three-judge panel.
Supreme Court judges David Smuts, Sylvester Mainga and Elton Hoff ruled the High Court did not err in its judgement when it dismissed Godfried Khariseb’s application.
Khariseb wanted an order stating that the decision to dismiss him from his employment on 3 March 2016 was unlawful and should be declared invalid.
However, the Supreme Court found that Khariseb had failed to lodge a challenge to his dismissal within 12 months of the sacking, as per the rules.
Furthermore, he failed to provide evidence that he was indeed at work as he claims on the said period in question.
“The appellant (Khariseb) failed to list any official duty whatever performed by him during that period. Nor did he establish that he again reported for duty as is required by section 9 when objecting to the letter apprising him of his discharge,” ruled the judges.
Furthermore, his subordinates confirmed that he was not at work and he had informed them that he had grievances with his superiors and was not attending to his official duties as a result.
Khariseb was dismissed as Otjozondupa regional crime investigations coordinator by police chief Sebastian Ndeitunga on 3 March 2016 after he allegedly absented himself from his official duties for a continuous period exceeding 30 days without leave during the period of 18 January to 3 March 2016.
Following his dismissal notice from Ndeitunga on 3 March 2016, Khariseb began enquiring about his dismissal.
On 4 April 2016, Ndeitunga allegedly explained to Khariseb why he was dismissed and why he did not want to reinstate him.
Khariseb appealed to the responsible minister against Ndeitunga’s decision to dismiss him, but he did not succeed.
He then took his case to the
High Court but his application was dismissed.
Khariseb claims he reported for duty during the period in question and that he was not absent without leave and should be reinstated.
He claims there should have been an enquiry and he should have been afforded the opportunity to address evidence concerning the question of his absence from his work duties.
Khariseb also questioned Ndeitunga’s powers to issue him with a dismissal notice.
He also asserted that the minister had failed to apply his mind to relevant considerations and bemoaned the lack of an investigation of the two conflicting versions concerning his absence from work.
Khariseb was represented by Johan Strydom while Ndeitunga, the safety and security ministry and the regional commander of Otjozondjupa were represented by Jabulani Ncube.