MPS PASS BILL EXEMPTING ACQUITTED COPS FROM DC

LOBAMBA – Police officers yesterday scored a victory as Members of Parliament (MPs) passed a law that if an officer is acquitted by court on a criminal charge they cannot then face an internal disciplinary hearing.

This was after the MPs amended Section 71 of the Police Bill of 2017 when they finally passed the Bill yesterday after it had been in Parliament for almost three years.
The original Section 71 which is under the heading ‘Disciplinary action after acquittal on criminal charges’ had read; “where a police officer has been acquitted on a criminal charge’, such acquittal shall not operate as a bar to disciplinary proceedings being instituted against such officer arising out of the same facts if such facts disclose a disciplinary offence under this Act.”

The amendment was raised by Hhukwini MP Saladin Magagula, who said it was unfair and wrong that a police officer can be taken in for a disciplinary hearing yet the very same officer had been acquitted by a court of law.
“This is wrong, it’s an injustice and it must be removed,” said Magagula.
He was supported by Lobamba Lomdzala MP Marwick Khumalo, who said in vernacular that the clause ‘inekukhohlakala’ (not fair in the law and wrong).
He said if anything, the entire clause should be removed.

Nkwene MP Sikhumbuzo Dlamini said this clause was a thorn (linyeva) to the police officers as this was what was happening on the ground.
He cited current and recent cases where police officers had been acquitted by the courts and the national commissioner ordered to reinstate them, but for some reason they weren’t.
 “Only the officers who have money can afford to appeal, but not everyone has money so this clause must be amended,” said MP Dlamini.

The MP said the problem with the police was that they were quick to arrest their own without proper investigations and as a result officers even if they were guilty were acquitted by the courts.
However, the acting Attorney General, Sifiso Khumalo, said amending such a clause would be going against the Constitution as Section 21 (13) (d) read to the effect that persons in a disciplined force even if acquitted by a court could still face disciplinary action.
Khumalo then read the section to the MPs but his advice was not accepted by the MPs.

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