WATCH: Union’s stance on calls for mass dismissal of convicted EMPD officer
The union demands that the employer afford affected officers a chance to clear their names.
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The trade union, Municipal Employees & Civil Servants Union (Mecsu), has voiced its position on the calls for mass dismissal of the EMPD officers found to have criminal records.
Murder, house burglaries, fraud at the licensing department and driving while intoxicated are some crimes the officers were convicted of, according to the information contained in a response to a question posed by the DA Ekurhuleni spokesperson for community safety, Clr Jaco Terblanche.
In a statement recently issued by the DA, Terblanche said 3 449 employees had their fingerprints taken during the last audit (2022), and 3 199 returned with no criminal findings.
It was revealed that of the 250 EMPD employees in question, 167 were convicted of various criminal offences, while 83 were still on trial.
The DA has called for a mass dismissal of the ‘compromised’ officers. However, Mecsu said instead of applying a blanket decision, each case should be decided about and judged on its merits.
“The law allows convicted people to apply for their criminal records to be expunged when a period of 10 years has passed after the conviction of that offence.
“For those who meet the requirement to clear their names, we demand that the employer afford them at least six months to obtain and submit their expungement reports,” said Vukile Mlungwana, the secretary general of Mecsu.
Mlungwana said they also expect the employer to consider the nature of the crimes the members may have committed – whether they are serious or minor offences, and when they committed these offences.
He said some of these cases could be minor offences, like criminal records earned after having paid admission of guilt fines for breaching minor offences related to the Covid-19 lockdown regulations.
“Our position is clear as a trade union; we do not want any officer to lose their jobs because of the said criminal records, of which we do not know how was this verification process done – who was verified and who was not verified.”
Vetting
Responding to questions about the vetting of recruits and alleged failure by members to declare their criminal records, Mlungwana said, “Chances are that because of the vetting processes members did not have criminal records when they were appointed, but during employment relationship things may have happened.
“However, there is no written rule which requires that you are arrested or summoned to go to court, then you come back to report to your employer.
“There is no tool available for members to declare any court cases or criminal record during employment. We have looked at all the records and have not found that tool.”
The DA, further to this response, pointed out that none of these officers have been arrested or suspended from duty.
“The South African Police Act of 1995 and the Criminals Procedures Act of 1997 state that no municipal police officer may have a criminal record. Yet, in Ekurhuleni, hundreds of the officers supposed to protect Ekurhuleni residents do.
“Where officers have criminal records, they should have been arrested or suspended until a court clears their cases or a relevant disciplinary body of the police.”
Terblanche asked how Ekurhuleni residents could trust the metro police when they have criminal records.