The Applicants initially approached this Court on an urgent basis on 27 October 2016, seeking a declaratory order that the notice to discharge them from the police service in accordance with the provisions of section 35 of the South African Police Service Act 68 of 1995[1] was unlawful, and that it should be set aside.

In the alternative, they sought an order suspending the contemplated discharge, pending the Respondents’ full compliance with the provisions of section 189 of the Labour Relations Act, read together with the SSSBC collective agreement relating to Rules of Engagement. That application came before Mooki AJ on 1 November 2016, and had resulted with a settlement being reached between the parties, which was also made an order of court.