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Anonymous

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Unfair labour practice
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Unfair labour practice dispute Am constable at saps with allegation of corruption and defeating the ends of justice. I was arrested and released on bail. At work my commander gave me a letter on notice of intended to suspend in terms of regulation 13(2),that happen on 23 may 2016. On the same time and day he said I am suspended with immediate effect. Since I was not use to such I felt so mixed up. He further said I should hand in keys of office,dockets,and car keys.he then said I should vacate until further notice. On the 19th of July 2016 he came to hearing that was postponed. He said he made error to tell me I should never come to work, so he want me back to work on Friday 20 July 2016. I requested him to do it in writing to cover myself. He said as soon I come to office he will give it to me. On the 20 july2016 on my arrival to office its when I get formal suspension from provincial commissioner stating I am suspended from 21 July 2016. I then contacted provincial office to ask if am suspended twice for one alleged charge. Colonel from province promised to deal with my commander and she said I should write complain if I need to. I suffered psychological and many more as I consulted phycologists for help. As I felt to be dead of same pain twice. Will this hearing be still be fair to me as it will resume 10 august 2016?what can I contest further?

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Anonymous

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Dear Sir/Madam

If have reviewed your brief statement above and confirm as follows:

1.       You have the right not to incriminate yourself;

This been said, it seems that you have a disciplinary hearing on the charge of corruption and defeating the ends of justice as well obviously the alleged criminal offence that accompany such, therefore it is difficult for me to advise you prompt out since we need to look at a few factors namely:

a)      The merits of this case;

b)      The charge sheet as a whole;

c)       Evidence against you vs evidence for you;

d)      Procedural fairness;

e)      Many other factors.

It will not be my advice to conduct the disciplinary inquiry on your own, remember, “on what you say can you be charged with” thus meaning that your testimony in the disciplinary hearing may very well be used in the criminal matter against you.

You should steer clear of any direct questions such as admitting guilt or related questions that may incriminate you, I believe that you have a union representative and should urgently approach them, it will be crucial to file a motion for disclosure in order to receive statements from witnesses the state intent to use against you in the disciplinary hearing as well as the fact that such disclosures may be valuable in your defense in the criminal matter.

Further consideration should be given (depending on the matter itself) to postpone the disciplinary inquiry unconditionally pending the decision from the National Prosecuting Authority and/or senior prosecutor in determining whether they intent to prosecute you for the alleged criminal offences. This said in light thereof should you have made representations and may very well be to protect your constitutional rights, once this defense

is upped and the state proceed against you in the disciplinary hearing will it most definitely be a violation of your rights whereas this matter can be argued in the greatest sense thereof attacking procedural fairness.

This matter clearly have elements to decide on before advise can be given and should not be taken lightly.

You are welcome to contact me directly via Email on Werner@jprautenbach.co.za should you require further assistance.

Regards

 

Rautenbach & Associates 



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