Description
SECTION A
QUESTION 1
Rights of the SAPS as Employer During a Disciplinary Hearing
When members of the South African Police Service (SAPS) involved in misconduct are
disciplined, the SAPS as the employer must afford the accused employees certain
fundamental rights during the disciplinary hearing. These rights are essential to ensure
procedural fairness and compliance with labour legislation, particularly the Labour
Relations Act 66 of 1995 and Schedule 8: Code of Good Practice.
The rights of the SAPS as the employer include:
1. The right to discipline employees
The employer has the right to institute disciplinary proceedings against employees who
have transgressed workplace rules or engaged in misconduct. Study Unit 10, section
10.16 of the SEP2603 study guide confirms this right, stating that “the employer has the
right to discipline employees” (SEP2603 Study Guide, 2015, p. 148). This is
fundamental to maintaining discipline and order within the organisation.
2. The right to appoint a chairperson and initiator
The employer is entitled to appoint a chairperson for the disciplinary hearing who must
be impartial and independent, not having been involved in investigating the matter.
Additionally, the employer may appoint an initiator to present the case against the












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