Western Cape Police Commissioner Slammed for Reinstating Corrupt Officers

Western Cape Police Commissioner Slammed for Reinstating Corrupt Officers

Questions are mounting over the leadership of Western Cape police commissioner Lieutenant-General Thembisile Patekile after it was revealed in Parliament that he overturned dismissal rulings for 17 officers who had been found guilty of serious misconduct.

The matter, disclosed in a written response to a parliamentary question, has drawn sharp criticism from opposition members who argue that his decisions undermine public trust and discipline within the South African Police Service (SAPS).

Among the cases highlighted was that of a sergeant convicted in a criminal court. Despite the conviction, he was retained in service with only a one-month suspension. Another example involved a captain who assaulted both a woman and a nightclub owner; instead of losing his job, he received a written warning. Several other officers accused of illegally handing over police exhibits also had their dismissals reduced to final written warnings.

Perhaps the most troubling case, according to critics, was the reinstatement of an officer convicted of fraud for selling police dockets to members of the public. Patekile defended this decision on the grounds that the employment relationship had, in his view,

“not irretrievably broken down.”

The issue surfaced in Parliament when Democratic Alliance (DA) Member of Parliament Nicholas Gotsell questioned how many officers had successfully appealed against dismissals for misconduct. Patekile confirmed in writing that 17 officers had their dismissals reduced to lighter sanctions such as unpaid suspensions or final warnings between 1 January 2015 and 31 May 2025.

Gotsell said the commissioner’s decisions weaken the fight against crime by eroding accountability within police ranks. He also raised concerns that similar patterns were evident nationwide, with 40 other officers reinstated across the country during the same period.

In a strongly worded statement, Gotsell argued:

“The absence of a national strategy, combined with a provincial leadership that enables lawlessness within its own ranks, leaves the Western Cape utterly compromised in the fight against organised crime.”

He continued:

“This is not an isolated problem, but a systemic failure.”

Critics say such decisions raise questions about whether senior leadership in the police service is more committed to protecting officers than protecting the public. Gotsell added that actions like these directly undermine efforts to restore public confidence:

“These decisions reflect a disturbing tolerance for corruption and criminality within SAPS ranks and directly undermine any attempt to restore discipline or rebuild public trust.”

The DA is calling for urgent legislative reform through the SAPS Amendment Bill. The proposed changes would remove the authority of provincial and divisional commissioners to overturn dismissal rulings, placing disciplinary oversight in the hands of independent boards.

According to Gotsell,

“The SAPS Amendment Bill must be brought to Parliament without delay to strip provincial commissioners of their unchecked power to vary or reverse dismissals and create independent disciplinary oversight boards.”

He warned that unless there is a decisive shift in how misconduct is dealt with, broader crime-fighting strategies will continue to fail:

“Until SAPS leadership stops protecting criminals and starts protecting the public, no gang strategy, no deployment and no reform plan will ever succeed.”

 

Rank/Title Brief description of misconduct Original Sanction Varied Sanction Reasons for varying the sanction
Sergeant Corruption Dismissal Corrective counselling The merits of the case were considered.
Constable Contravention of firearm control act Dismissal Suspension without a salary for 1 month Acted on command of his senior, progressive discipline recommended.
Seargent Convicted in criminal court Dismissal Suspension without salary for one month The member’s conduct can still be corrected.
Captain Act of misconduct affecting SAPS image Dismissal Written warning The merits of the case were considered.
Constable Absent himself from duty Dismissal Final written warning Nature/extent does not warrant dismissal; can be corrected.
Warrant Officer Handing over exhibits without disposal level 5 lockdown Dismissal Final written warning Conduct can be corrected with relevant training.
Warrant Officer Handing over exhibits without disposal level 5 lockdown Dismissal Final written warning Conduct can be corrected with relevant training.
Sergeant Handing over exhibits without disposal level 5 lockdown Dismissal Final written warning Conduct can be corrected with relevant training.
Sergeant Handing over exhibits without disposal level 5 lockdown Dismissal Final written warning Conduct can be corrected with relevant training.
Constable Assault or threaten to assault Dismissal Two months suspension without salary Merits of the case do not justify dismissal.
Constable Assault or threaten to assault Dismissal Two months suspension without salary Merits of the case do not justify dismissal.
Constable Failed to comply with firearm control act Dismissal Suspension without salary for two months Merits of the case do not justify dismissal.
Constable Culpable homicide Dismissal One month suspension without salary Merits of the case do not justify dismissal.
Sergeant Unfit for duty under influence of liquor Dismissal Two months suspension without salary Mitigating factors considered; referred to EHW services.
Constable Assault GBH Dismissal Two months suspension without salary Consistency: co-accused in same hearing not dismissed.
Constable Unlawful possession of drugs Dismissal One month suspension without salary Merits of the case do not justify dismissal.
List @ Facebook/Nicholas Gotsell

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