On the 10th day of February 2021, the Court of Appeal Pronounced very important judgement in the case of The Commissioner of Police and 3 others vs Desmond Motshidisi Mokgele touching on the Review Powers of the Commissioner of Police in terms of Section 29 (1) of the Police Act and the interpretation thereof. Judging by the many enquiries since the judgment ,it would appear that many Police officers who have undergone disciplinary proceedings presided by the Class II Board been on receiving end of such fatal irregularity by the Police Commissioner to enhance their punishments. Our Managing partner, Mr. Brown successfully argued the appeal for the Respondent With our brother Moagi Moloi from Moloi and Co.
Remember that Review Proceedings, as do any other proceedings before courts have certain timelines within which courts can be approached so do not sit on your rights, book for consultation and let your attorneys assist you to vindicate your rights. Visit our website for more. The Judgment is also uploaded thereat.
Captioned below is a snippet of the Judgment.
“In sum by forwarding the record of proceedings to the commissioner the class II Board committed a fatal irregularity which vitiated any purported exercise of review powers by the commissioner. Conversely, when the Commissioner purported to review the decision of the board and “enhanced” the respondents’ punishment, the matter was improperly before him thus rendering the whole process a nullity on the basis of illegality as the board had acted ultra vires its powers resulting in the commissioner’s decision being void or illegal.”