Cops fired for soliciting bribes
Mpho Mokwape | Wednesday March 6, 2024 08:26
The fired officers, Masimba Monyatsi, Kenosi Molemo, and Ookeditse Moreng, were arrested in a sting operation by the Internal Affairs of the police service and the Criminal Investigations Bureau. Court papers state that they were charged with acting in discreditable conduct contrary to the Police Act.
"The allegations levelled against them were that on August 2017, they solicited bribes from illegal immigrants to avoid charging them for various offences they had committed," reads court documents. The Court of Appeal (CoA) has upheld the Commissioner’s decision to dismiss the officers.
They had argued that their fair trial was violated, citing issues with the board chairperson's involvement in their arrest. Contained in the court papers is that on September 21, 2018, when officers appeared before the Class II Board, they raised the issue that the board chairperson was involved in their arrest, the plan for operation having been carried out in his office and executed with his instructions; he could, therefore, not be impartial, and also that the Branch Commander was bypassed straight to the Commissioner for dismissal. Sealing their fate, CoA President Tebogo Tau explained that the Police Commissioner, being the appointing authority, is bestowed with powers to dismiss any police officer convicted of any disciplinary offence under the Police Act.
"As the power to review the dismissal is only bestowed upon the appointing authority, who is, in this case, the Police Commissioner, it was proper for the Class II Board to forward the proceedings to him to review the recommendation and take appropriate action," she said. Justice Tau explained that the decision of the trial court that the referral of the decision of the Class Board to the Commissioner of Police bypassing the Branch Commander was erroneous was wrong and ought to be set aside. She said the powers of the Branch Commander were limited to reviewing the conviction and sentences imposed by the Board and that it doesn't have the power to review a recommendation for dismissal; that such power is only reserved for the appointing authority.
The judge pointed out that setting aside the decision of the disciplinary Board and the Police Council as the officers wanted wouldn't affect the Commissioner's decision. "The Police Council reviewed the decision of the Commissioner and confirmed it. The decision of dismissal was, therefore, made by the Commissioner, and it was his decision and should have been cited.
"There was no need to cite others who had no say in the review proceedings," she said.