Judgement on the transfer of Hawks Gauteng to SAPS

Background

This is an urgent application launched on 3 May. By the date of the hearing, answering and replying affidavits had been filed.

The application was brought by POPCRU on behalf of eleven SAPS constables and warrant officer detectives who were transferred from various police stations in Gauteng to the provincial anticorruption unit in April 2013.

Order

  1. The application is dealt with as one of urgency and the rules governing forms of service, and time periods in the Labour Court rules are dispensed with.
  2. Pending the outcome of review proceedings in respect of the decisions communicated in the letter dated 22 March 2017 from the Deputy National Commissioner:  Human Resource Management:

2.1     The respondents are interdicted and prohibited from reversing the decision communicated in the letter dated 16 May 2016 from the                                  Gauteng Provincial Commander:  Serious Corruption Investigations;

2.2     the respondents are interdicted and prohibited from giving effect to the decisions communicated in the letter of 22 March 2017;

2.3     in particular, the respondents are interdicted and prohibited from:

2.3.1  Directing the applicants to return to the posts they occupied at the Gauteng Provincial Anti-Corruption Unit – Detectives prior to 16                                  May 2016, or from continuing to give effect to such a step to the extent it has been implemented, and

2.3.2  commencing or continuing with any process pursuant to or connected with the contents of the letter dated 22 March 2017;

  1. The applicants must launch any review proceedings referred to in paragraph(2) of this order within 5 days of the date of this order, falling which the relief ordered in paragraph (2( shall lapse automatically.
  2. The respondents are jointly and severally liable for the applicants’ costs, the one paying the orders, to be absolved.