The Labour Court in Johannesburg has dismissed a case brought forth by former Gauteng police officer Kenny Johnson Seunane, who sought to overturn his dismissal for bribery allegations.

Seunane, a Constable at the Yeoville Police Station since 2013, found himself at the centre of controversy following allegations he solicited bribe money from a man in exchange for the release of his children.

The troubling accusations date back to 2021 when Seunane received R800 cash and a further R950 via e-wallet, allegedly from an individual identified as John Masamba.

However, after the complainant inquired about the case registration at the police station, Seunane returned the funds, claiming the case was not registered.

Despite the repayment of the money, the 32-year-old was dismissed from the police in April 2022 for misconduct.

Expressing his frustration over the outcome, Seunane referred the matter to the Safety and Security Sectoral Bargaining Council (SSSBC) in December of the same year. However, his application was reportedly 200 days late, leading to complications in his case.

In his application for condonation, Seunane claimed his delay was due to an extended stay with a traditional healer. Nonetheless, the commissioner dismissed his application, citing insufficient reasoning for his tardiness and a lack of prospects for success in his argument against dismissal.

Undeterred, Seunane took his case to the Labour Court, contending that he had a legitimate chance of success, insisting that he did not engage in the misconduct alleged against him.

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In the Labour Court, Seunane maintained that the money he received was not a bribe, asserting that if it was, he would not have returned it.

However, during the hearing, Acting Judge Ndivhuho Tshisevhe characterised Seunane's defence as a mere "bare denial," noting his failure to provide further details or clarity regarding the e-wallet payment.

Moreover, the judge scrutinised the legitimacy of Seunane's late application, which was complicated by inconsistencies in his sick notes and the absence of any confirmatory affidavit from the alleged traditional healer.

Judge Tshisevhe stated, “A party seeking condonation must set out all the facts and circumstances relating to the delay,” and added that a satisfactory explanation for each period of delay is crucial to obtaining indulgence.

Ultimately, the court found that Seunane had not satisfactorily demonstrated the need for condonation, nor established a case to review and overturn the earlier decision made by the commissioner.

As a result, his application was dismissed.

sinenhlanhla.masilela@iol.co.za

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