The fate of Free State police deputy commissioner Maj Gen Moses Makhubo, whose promotion was found to be unlawful, lies in the hands of the labour court, which has to adjudicate the matter.
Makhubo's promotion to the rank of major general in 2015 was found to be unlawful by the Safety & Security Sectoral bargaining council.
He was ordered to step down from his rank in March last year but has since appealed the matter to the labour court, seeking to nullify the findings of the council.
Police spokesperson Brig Vishnu Naidoo confirmed to Sowetan that Makhubo has launched an appeal on the matter.
“Maj Gen Makhubo must continue to serve as deputy provincial commissioner corporate services in which portfolio he is, inter alia, responsible for matters related to discipline in the province,” said Naidoo.
An arbitration award granted to Brig Senzosenkosi Khumalo, who lodged a grievance over Makhubo's promotion arguing that he had been overlooked, said Makhubo was unfairly promoted to his rank and SAPS was ordered to reverse it.
“SAPS committed unfair labour practices by unfairly promoting Major General Makhubo to the rank of a major general and SAPS is ordered to set aside the said appointment retrospectively from 1 October 2015,” said panelist Thabe Phalane.
Khumalo had complained that Makhubo was appointed as the component head of employee relations and life cycle management (at the level of major general) ahead of him despite Khumalo having more experience as a senior manager and possessing a degree.
He had applied on both occasions when the post was advertised in 2013 and 2014.
Makhubo has a policing qualification and had worked as a senior manager just over a year when he got the promotion.
The requirements for the position were a person who had three years in service as a senior manager.
The advertisements for the post were withdrawn twice following which Makhubo was promoted in terms of a provision that enabled the commissioner to appoint an employee without normal recruitment process being followed. Makhubo refused to comment when contacted by Sowetan, saying the matter was "sub judice".
South African Police Union (Sapu) spokesperson Peter Ntsime, speaking on behalf of Khumalo, who the union represented in the matter, said the arbitration award was subject to a review application in the labour court.
“There has not been a notification of a date for the hearing yet from the registrar of the court,“ said Ntsime.
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