A police officer stationed at the Nyanga police station in the Western Cape has been fired after he admitted to stealing goods at Woolworths.
According to the Labour Court, in January 2022 the officer, who is identified in court papers as Madeley, was arrested for theft at Woolworths Canal Walk in Cape Town after he allegedly filled a trolley with goods, bypassed a pay point, and fled when confronted by security guards.
The court set aside a disciplinary ruling against the warrant officer, replacing a two-month suspension without pay with immediate termination.
The decision was handed down by Acting Judge Deirdre Venter following the SA Police Service’s (SAPS) application to review the sanction imposed by Brigadier BE Borman, who chaired the disciplinary hearing.
Two-month suspension
Charged with misconduct for theft and tarnishing SAPS’s reputation, Madeley pleaded guilty during the disciplinary hearing in March 2022.
Despite his admission, Borman imposed a two-month suspension, prompting the SAPS to seek a review under Section 158(1)(h) of the Labour Relations Act.
Venter emphasised the severity of the misconduct.
“The second respondent admitted to serious misconduct. When he entered the shop, he had every intention of committing theft, and his actions were premeditated,” Venter said.
The court found Borman’s sanction unreasonably lenient.
“The first respondent failed to consider vital evidence related to the gravity of the offence and the trust relationship,” said the acting judge.
Madeley, who has been in the SAPS for 19 years, argued in mitigation that he was a first offender with financial commitments and suffered from bipolar disorder.
Psychiatrist’s report dismissed
A psychiatrist’s report suggested that Madeley may have been absent-minded when he committed the offence. However, Venter dismissed the report.
The SAPS argued that Madeley’s actions breached the trust inherent in his role, with Venter agreeing: “The accused in the matter owed the SAPS a duty of good faith, and the employment relationship was founded on trust.”
The court also noted the lack of opposition from Madeley and his union, the Police and Prisons Civil Rights Union.
The ruling underscores public concerns about police misconduct.
“South Africa is no stranger to serious misconduct by police officers. Allegations of theft undermine public confidence in our police services,” said the acting judge.
The court substituted Borman’s sanction with termination, effective immediately, and made no order as to costs.
