Police Officer Dismissed Over Shoplifting Conviction

Labour Court Overturns Lighter Sentence, Citing Public Trust

A police officer found guilty of theft has seen his two-month suspension without pay rescinded by the Labour Court. The court has now authorized the South African Police Service (SAPS) to terminate the officer’s employment immediately, deeming the original sanction insufficient for the severity of the offense.

Misconduct at Canal Walk

The officer, identified as **W/O GF Madeley**, was stationed at the Nyanga police station in the Western Cape. He was apprehended by security personnel on January 8, 2022, while attempting to shoplift from a Woolworths store located in the Canal Walk shopping mall. This act led to a misconduct charge, accusing him of theft and damaging the reputation of the SAPS.

Officer Pleads Guilty, Cites Personal Circumstances

With 19 years of service, **Madeley** admitted guilt during his disciplinary hearing. He requested a lenient penalty, highlighting his status as a first-time offender, existing financial obligations, and a diagnosis of bipolar disorder. A psychiatrist’s report supported his claim, suggesting it was “probable he committed the offence while being absent-minded.”

SAPS Argues Premeditation

The SAPS countered that **Madeley**’s actions were premeditated, citing several points: he entered the store with a trolley later filled with items, proceeded past a checkout with a loaded trolley, attempted to flee when stopped by security, and remained silent when confronted.

Court Finds Original Sanction Inadequate

The Labour Court concurred that **Madeley**’s conduct constituted serious misconduct. Acting Judge **Deidre Venter** stated that the original disciplinary authority, Brig BE Bornman, failed to adequately weigh the gravity of the theft and its impact on public confidence in the police.

“Any reasonable decision-maker would have concluded suspension without pay was too lenient and dismissal was appropriate.”

—Acting Judge **Deidre Venter**

The judge noted that the sole justification provided for not dismissing **Madeley** at the disciplinary hearing appeared to be his guilty plea and efficient participation in the process. However, the court emphasized that this did not negate the need to consider the broader implications of the trust relationship between the police and the public.

In South Africa, public trust in law enforcement is a critical component of community safety. According to a 2023 Afrobarometer survey, public trust in the police varies significantly across the continent, with many citizens expecting accountability for misconduct to uphold their safety (Afrobarometer, 2023).