Ex-Constable Sibanda I. 065316V v The Commissioner General of Police and The Chairman of the Police Service Commission and The Minister of Home Affairs

Key Issues

• {"issue_text":"Whether section 51 of the Police Act automatically suspends the decision of the first respondent and obligates reinstatement upon noting of an appeal to the Police Service Commission","issue_type":"legal","dispositive":"no","related_facts":"Applicant filed appeal to Police Service Commission; Applicant was discharged from service"}
• {"issue_text":"Whether applicant noted his appeal within the prescribed time period","issue_type":"procedural","dispositive":"no","related_facts":"Applicant discharged 23 February 2016; Appeal filed 29 February 2016"}
• {"issue_text":"Whether applicant was properly furnished with reasons for the dismissal of his appeal by the second respondent","issue_type":"legal","dispositive":"no","related_facts":"Police Service Commission dismissed appeal without providing reasons; Applicant claims verbal request for reasons"}
• {"issue_text":"Whether the Police Service Commission is properly constituted in terms of the Constitution","issue_type":"constitutional","dispositive":"no","related_facts":"Applicant challenged constitutionality of Police Service Commission"}

Background