Suspension and possible dismissal of 389 EMPD officers threaten public safety

The Gauteng Provincial Legislature’s Portfolio Committee on Community Safety has raised concerns over the possible impact the suspension of the 389 EMPD officers may have on public safety in the City of Ekurhuleni.

In a statement issued on behalf of Gauteng Provincial Legislature, the committee warned that failure to have contingency plans to mitigate the effect of the sudden reduction in law enforcement capacity could compromise public safety.

On March 19, hundreds of EMPD members from across the city took part in a protest action, which brought key routes, including the N12, N3, R21, N17, and R24, to a standstill.
The protests were sparked by salary disputes and the city’s decision to reduce overtime hours, which members said would negatively impact their financial stability.

In response to the protest, the city has taken bold action against the police officers who participated in the strike. On May 5, they were slapped with pre-dismissal notices at the Boksburg EMPD precinct.
“While the committee acknowledges the city’s responsibility to take disciplinary action against employees implicated in serious misconduct, the mass suspension of these officers poses a significant risk to public safety, traffic management and the enforcement of municipal by-laws,” said Thebe Khumalo, chairperson of the Portfolio Committee.

“The sudden reduction in law enforcement capacity may leave residents vulnerable and exacerbate challenges in maintaining order on the roads and in communities across the city. Therefore, we, the committee, urge the city to implement immediate contingency measures to mitigate the impact of these suspensions.”
The committee pointed out that one measure could be seeking temporary reinforcement from other municipalities in the province, which is in line with the existing agreement that allows municipal police and traffic officers to operate beyond their jurisdictional boundaries to assist in crime prevention and traffic management.

The committee is also calling on the city to expedite the resolution of the ongoing labour dispute to ensure the swift resumption of critical policing services.
“A prolonged impasse between the city and its employees will deepen service delivery challenges and undermine public safety.
“The committee will continue to monitor the situation closely and remains committed to ensuring that community safety across Gauteng is not compromised.”

Procedural fairness
On the other hand, the city said it is collaborating with the SAPS to ensure continued policing services, as outlined in the Memorandum of Understanding signed between the city and the minister of police.
The Boksburg Advertiser asked the metro whether the city has contingency plans for dealing with the possible outcome of the disciplinary actions taken against the members.
City spokesperson Phakamile Mbengashe responded that the metro would not speculate on the outcome of the cases as that amounts to pre-emptive action.

He pointed out that the city is at this stage paying attention to ensuring procedural fairness throughout the processes, and giving the suspended employees a fair opportunity to state their case or defence.

Charges

The suspended officers are facing charges arising from:
• Participation in an illegal and prohibited strike despite being classified as essential services.
• Failure to report for duty without authorisation or permission.
• Blockading major highways using EMPD vehicles, uniforms, and unauthorised firearms.
• Disruption of public order and national infrastructure, including access to OR Tambo International Airport.
• Violation of the Labour Relations Act, specifically sections 65(1)(d)(i) and (ii), which prohibit strikes by essential services workers.

Serious misconduct
Mbengashe added that: “EMPD officers are classified under essential services, mandated to uphold public safety and order. Their participation in prohibited strike action constitutes gross misconduct, undermining public trust and violating labour laws as stipulated in the Labour Relations Act.”

The city said the misconduct is considered so serious that it justifies a pre-dismissal procedure under exceptional circumstances as outlined in the Labour Relations Act (Schedule 8, Item 4(4)).
The disciplinary process is expected to commence next week.
The suspended employees are expected to submit the city-issued equipment, including vehicles, firearms, and official access cards, until the conclusion of the disciplinary process.

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