Classified State info may be at risk

Classified State information could be at risk if 40 computers of the Limpopo Police got attached by the Sheriff of Polokwane as planned in a pending labour matter lodged by a former detective dating back to 2014.
While the review of an arbitration award in a matter instituted by Nkopane Chauke, attached to the Tzaneen Police Detective Branch, is serving in the Labour Court, he is awaiting news of the attachment of movable Police property valued at R306 000 in terms of a writ of execution obtained against the South African Police Service (SAPS) in exchange for his salary as per arbitration award by the Safety and Security Sectoral Bargaining Council (SSSBC) issued on 12 November last year. In the writ of execution dated 9 June this year, reference is made to the final award being served on the SAPS on 13 November last year.
Polokwane Observer was informed that pay-out of the amount was supposed to have occurred by 21 December 2015. Chauke claimed that to date he hadn’t received the backdated salary payment while the matter against him was still on review. He added that in the process he had lost his house in a sale of execution in February this year.
Already the Sheriff of Polokwane had compiled a list of properties – containing 40 computers, 20 office desks and 40 office chairs – on 28 June this year to attach within the next week or two, Chauke stressed. At the time of going to press it was learnt that the Police would have reported the pending attachment of properties to the State Attorney, whereupon Chauke’s lawyers have reportedly received notice of application to suspend the writ of execution which they in turn intended opposing.
According to the representative of the South African Policing Union (Sapu) assisting him in the matter, Chauke had been dismissed in 2013 following a disciplinary hearing linked to a criminal case instituted against him by three Nigerian nationals whom he arrested after alleged suspect business dealings with his wife in 2008. Chauke explained his wife had met them at a government gala dinner during which she was invited to become part of a business partnership for which she raised R80 000, but was conned. Chauke indicated that he had locked up the three suspects, who opened a case of kidnapping against him upon their release. It was indicated that nothing came of it until he enquired about the possibility of a promotion in 2011 and was reminded of the matter initially instituted against him. A criminal case was pursued, for which he was discharged, he added. He was subsequently dismissed by the Police on 21 May 2013 following a disciplinary hearing, it was explained.
In November 2014 his matter was taken up with Sapu, which took it further with the SSSBC that issued the award on 12 November 2015 for his reinstatement by 21 December last year and backdated salary to be paid to him. As the Police sought further recourse they took the matter on review by the Labour Court, followed by Chauke’s representative union filing an intention to oppose the review application in June this year.
The representative had a section of the Labour Relations Act invoked, determining that Chauke should get re-appointed and paid while the Labour Court matter was underway, it was pointed out. In the meantime the State attorney wrote to Sapu requesting the goods not to be sold, leading to a lawyer’s letter on Chauke’s behalf indicating that he would be willing to stay the enforcement of the arbitration award on 19 July this year. Failure of the Police to act, however, moved Chauke to pay the Sheriff for the goods to be sold on 5 September this year.
Provincial Police Corporate Communications Head Motlafela Mojapelo said the review hearing was scheduled for tomorrow (Friday) and that the attachment could therefore not happen. ”We have to wait for due processes to unfold.”
When approached on the issue of tomorrow’s hearing, the Sapu representative indicated the matters were parallel processes that were unrelated.

Story and photo: YOLANDE NEL
>>observer.yolande@gmail.com

Featured photo: Former detective Nkopane Chauke.