SECTION A
QUESTION 1
1. Based on the case study above, if members of the SAPS involved in misconduct are to be
disciplined, what are the rights of the SAPS as the employer during the disciplinary hearing.
If members of the South African Police Service (SAPS) are to be disciplined, the employer, the
SAPS, has specific rights during the disciplinary hearing. These rights are as follows:
The right to discipline employees: The employer has the authority to initiate disciplinary action
against its employees (SEP2603, Study Guide. p. 139).
The right to suspend employees: The employer holds the right to suspend an employee,
presumably pending the outcome of the disciplinary proceedings (SEP2603, Study Guide. p.
139).
The right to appoint a chairperson and initiator: The employer is entitled to appoint a
chairperson to preside over the hearing and an initiator to present the case against the employee
(SEP2603, Study Guide. p. 139).
The right to lead evidence: The employer has the right to present evidence to support the
allegations of misconduct. This includes the ability to present documentary evidence, physical
evidence, and oral testimony from witnesses (SEP2603, Study Guide. p. 139).
The right to call witnesses: The employer is permitted to call witnesses to testify in support of
its case against the employee (SEP2603, Study Guide. p. 139).