In a significant ruling, the Labour Court in Johannesburg has dismissed the appeal of former Gauteng police officer Kenny Johnson Seunane, who sought to overturn his dismissal for alleged bribery and misconduct. Seunane, a Constable at Yeoville Police Station since 2013, was accused of soliciting bribe money in exchange for the release of a man’s children, a case that has sparked controversy and raised questions about police integrity.
The allegations against Seunane date back to 2021 when he reportedly received R800 in cash and a further R950 via e-wallet from a man named John Masamba. In exchange, the man believed Seunane would help secure the release of his children. However, after Masamba inquired about the case registration at the police station, Seunane allegedly returned the funds, claiming the case had never been registered. Despite the refund, the 32-year-old officer was dismissed from the police force in April 2022 for misconduct.
Seunane, determined to challenge his dismissal, referred the case to the Safety and Security Sectoral Bargaining Council (SSSBC) in December 2022. However, his application was 200 days late, leading to complications in the case. In his request for condonation, Seunane cited a prolonged stay with a traditional healer as the reason for the delay. Yet, the commissioner dismissed his application, criticizing his insufficient reasoning for the delay and ruling that there were no reasonable prospects of success in his case.
Unwilling to give up, Seunane then took his appeal to the Labour Court, where he insisted he did not engage in the bribery alleged against him. He argued that the money he received was not a bribe and claimed that if it had been, he would not have returned it. However, Acting Judge Ndivhuho Tshisevhe was unconvinced by Seunane’s defense, calling it a “bare denial.” The judge pointed to Seunane’s failure to provide any additional details or clarity regarding the e-wallet payment as further undermining his argument.
The judge also scrutinized the legitimacy of Seunane’s late application, noting inconsistencies in his sick notes and the absence of an affidavit from the traditional healer who allegedly treated him. “A party seeking condonation must set out all the facts and circumstances relating to the delay,” said Judge Tshisevhe, stressing the need for a satisfactory explanation for each period of delay.
In the end, the Labour Court ruled that Seunane had failed to justify his delay or establish a viable case to overturn his dismissal. As a result, his application for review was dismissed, leaving his termination intact. This ruling serves as a stern reminder of the importance of adhering to procedural timelines and providing adequate evidence when challenging disciplinary actions.
