SAPS member had to approach court to solve personnel issue

- Solidarity [Trade Union] [on behalf of Sgt Armand] Gerber v SAPS and Others (C381/17) [2017] ZALCCT 36 (11 August 2017)*

This is a judgment of the Cape Town Labour Court which began when Sgt Gerber approached the court.

Sgt Gerber suffers from post-traumatic stress disorder (PTSD) as a result of a traumatic event in the course of his duty as a member of the SAPS. As a result, he has been declared unfit to carry a firearm - apparently in terms of section 102 of the Firearms Control Act 60 of 2000 - and has been temporarily placed in an administrative function at the Client Service Centre (CSC) (previously referred to as the charge office).

However, the Deputy Provincial Commissioner responsible for Human Resources instructed Sgt Gerber to report for duty at his local magistrates’ court - a position that, according to its key performance areas (KPAs), includes the provision that he (Gerber) must be armed. Accordingly, Gerber approached the Cape Town Labour Court to interdict this transfer on the ground that it is unlawful, apparently in terms of section 102, read together with section 104 of the Firearms Control Act 60 of 2000.

The judgment is an eye-opener and/or a peep behind the scenes of the SAPS and how it operates when it comes to personnel and/or members' issues - especially to outsiders like Pollex.

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[This is only an extract of an article published in Pollex in Servamus: February 2018. To enquire how to obtain the rest of the article, contact Servamus’s offices at tel: (012) 345 4660 or send an e-mail to: This email address is being protected from spambots. You need JavaScript enabled to view it.]

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