Cachalia admits SAPS disciplinary system is broken

During a parliament response, Acting Minister of Police Professor Firoz Cachalia admitted that the SAPS disciplinary system is broken and needed to be reviewed.

This after he was questioned about the  suspension of two police officers who were suspended without a salary for only one month after they were caught with a stolen patrol car filled with drugs and alcohol.

“The SAPS should deal with discipline and sanction in a more consistent manner.

“The Minister has therefore identified the need to review the SAPS Disciplinary  Regulations of 2016 with a view to addressing loopholes and weaknesses that create a public perception that SAPS is not serious about disciplinary  matters, particularly issues of ethics and integrity,” he said.

This was during via a parliamentary response to Nicholas Gotsell MP, DA NCOP Member on Security & Justice, in which he asked whether disciplinary was initiated for the two constables found in possession of the stolen patrol vehicle in Muizenberg in 2021, which had 14 packets of tik, mandrax tablets and alcohol in it and what the sanctions were and whether the criminal case was completed.

In response, Cachalia said the outcome was that the officers were charged with misconduct.

In his response, he outlined the disciplinary actions taken: the first constable was dismissed for possession of narcotics, while the second constable was suspended without pay for one month on the same charge.

For the second charge, which involved possession of an employer's property, both constables received a one-month suspension without pay.

Cachalia further said that the provincial commissioner had varied the sanction regarding the dismissal of one officer, and that the criminal matter had been postponed for trial, with the next court date set for March 2, 2026.

Gotsell said it showed how the Western Cape is being failed.

“The Acting Police Minister admits SAPS’ disciplinary system is broken and undermines public trust,” he said.

“Lieutenant General Thembisile Patekile overturned the dismissal of an officer caught with drugs, exposing how serious misconduct is softened.

“The DA demands an urgent overhaul of the Code and limits on Provincial Commissioners’ power to reverse dismissals.

“The DA welcomes the Acting Minister of Police, Prof. Firoz Cachalia's acknowledgement that the SAPS Disciplinary Regulations of 2016 contain loopholes that undermine discipline, ethics and public trust in the South African Police Service.

“This follows the Acting Minister’s public admission last week that SAPS is not up to the job of fighting crime in the Western Cape. These two statements, read together, are not accidental. They speak directly to the same problem. 

“Crucially, the Minister’s acknowledgement of a broken disciplinary system was made in response to a case in which the Western Cape Provincial Commissioner, Lieutenant General Thembisile Patekile, overturned the dismissal of a police officer caught with large quantities of tik and mandrax and unlawfully in possession of a SAPS patrol vehicle, replacing it with a one-month suspension.

“That decision alone illustrates why SAPS is failing in the Western Cape. Whilst hard-working men and women in blue put their lives on the line every day, officers implicated in serious criminal conduct are returned to service by the man in charge."

Gotsell added that Patekile’s routine appointment of compromised chairpersons, like Major General Dladla - an Eastern Cape cop who was previously found guilty of losing a SAPS-issued firearm, to preside over serious disciplinary matters destroys the credibility of the entire process and entrenches a culture of protection rather than accountability.

“The Acting Minister’s acknowledgement and confirmation of the DA’s call for an overhaul of the SAPS Disciplinary Code therefore amounts to an implicit concession that the way disciplinary powers are being exercised at provincial level is part of the problem,  he said.

“The DA welcomes the Acting Minister’s commitment to review the SAPS Disciplinary Code, but any review that focuses only on technical wording and not on how these powers are being abused in practice will fail.’

Gotsell added that the DA will now formally write to the Acting Minister to demand a clear timeline for the review, full details of who will lead it and to insist that Parliament – and the DA in particular – be formally involved in the process.

"We will further insist that the unilateral power of a Provincial Commissioner to overturn dismissals be removed or fundamentally restricted," he added.

Cape Argus contacted the Minister's office for a response regarding the parliamentary question. His spokesperson, Kamogelo Mogotsi, said, "The parliamentary question will be addressed in due course, as the information is with the department."

A query was also sent to provincial police for Patekile's response and awaits feedback.

In dealing with police members under fire for discipline and criminal behaviour, the Independent Police Investiagtive Directorate (IPID) Annual Report for 2024/2025 documented 5,497 cases against SAPS and MPS members, resulting in 76 officer convictions and 40 acquittals.

Assault was the majority complaint. Other significant case types included 745 complaints of official firearm discharge, 515 deaths due to police action, 290 torture cases, and 217 other matters.

Gauteng reported the highest number of overall cases (928), followed by Western Cape (903), Free State (689), and KwaZulu-Natal (687).

Official firearm discharge complaints were highest in Gauteng (134), Eastern Cape (129), KwaZulu-Natal (116), and Western Cape (93).

Rape incidents by officers were mostly reported in Gauteng (27), Eastern Cape (16), and Western Cape (15).

Western Cape had the most torture and assault cases (700), followed by Free State (533) and Gauteng (530).

A total of 80 corruption cases were reported (73 against SAPS, 7 against MPS). Nationally, common assault (3,035) was the most frequent corruption case, followed by assault GBH (232) and sexual assault (17).

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