SAPS gets hammered in court over false racism complaints

10 January 2023

Today the South African Police Service (SAPS) was ordered by the Labour Court in Johannesburg to pay R300 000 in damages to Colonel Annemarie Oosthuizen for the abhorrent way they have dealt with the issue of false complaints of racism in the workplace. 

This followed after two members of the SAPS falsely accused Oosthuizen of using the k-word. These two warrant officers, Sedisa Tikoe and Chris Mphana, were dishonourably discharged from the SAPS. They were also found guilty of criminal charges and received suspended prison sentences. 

“This is probably the clearest message yet that false accusations of racism – especially in the workplace – will not be tolerated. This ruling sends a clear message to employers that their failure to act against racial thugs in the workplace will no longer be tolerated and can have serious legal consequences," said Solidarity Chief Executive Dr Dirk Hermann.

This case followed after the SAPS instituted disciplinary steps against these SAPS members in May 2021 after Tikoe and Mphana had been found guilty in court and were then dishonourably dismissed. 

According to Solidarity, however, no charges have ever been brought against these SAPS members for their false allegations of racism. Therefore, in terms of section 60 of the Employment Equity Act, Solidarity took the SAPS to the Labour Court. 

Solidarity argues that this judgment once again confirms that random accusations of racism (the “race card”) where unjustified, will no longer be tolerated by our courts. 

“False accusations that the k-word was used are increasingly being used as a weapon to evade disciplinary action. Although it is not limited to the SAPS, there are several similar cases in the SAPS,” said Helgard Cronjé, deputy general secretary for the public sector at Solidarity. “Racism has no place in the workplace and this judgment now proves that those guilty of it themselves, as well as employers who ignore such false allegations, will both be punished.”

Issued by Helgard Cronjé, Deputy General Secretary: Public Sector, 10 January 2023