Durban – The Labour Court has ruled in favour of metro police head Steve Middleton following a 2-year battle to prove that he was chosen for the post based on his experience and qualifications.
In 2020, The Mercury reported that Middleton challenged the KwaZulu-Natal bargaining council ruling that found that two metro police officers, Aubrey Mthethwa and Nhlanhla Mthethwa, should have been promoted to the same post.
Middleton had been acting as the head of the unit for a year when he was officially appointed in 2018.
The two officers and the SA Municipal Workers' Union based their argument on the premise that Middleton was not a metro officer by training.
Court documents list eThekwini Municipality as the applicant with the SA Local Government Bargaining Council, Charles Oakes (commissioner of the KZN bargaining council), Nhlanhla Mthethwa, PW Aubrey Mthethwa, Shadrack Nxumalo, Eric Khuzwayo, Siphiwe Ndlovu and Steve Middleton as the respondents.
This week, the court ruled that Middleton had scored the highest out of all shortlisted candidates.
“Out of 237 applications, six candidates were shortlisted which included Middleton, Nhlanhla Mthethwa and Aubrey Mthethwa and one Shonela Mchunu. Nxumalo, Khuzwayo and Ndlovu were not shortlisted. The shortlisted candidates were interviewed and save it seems in the case of Sbonela Mchunu, also subjected to an occupational assessment. Middleton scored the highest in the interview questions, namely 20 out of 25, followed by Mchunu (14), Nhlandla Mthethwa (13) and Aubrey Mthethwa (10). Middleton also scored the highest in the occupational assessment, namely 9.15, followed by Aubrey (8.4) and Nhlanhla (8.35). The interview panel ranked Middleton as the most suitable candidate. Mchunu was ranked second, Nhlanhla third and Aubrey fourth,” the court papers stated.
Furthermore, claims that Middleton was not a member of metro police were disproved.
The court papers revealed that Middleton has a Bachelor of Military Service, was a senior military officer before he joined eThekwini Municipality as deputy chief of security; joined the Durban City Police as deputy head in 2004 and held other posts within the city before being appointed as the acting head of the Durban metro police.
The Labour Court concluded that there was no trace in the evidence that served before the commissioner that the city had acted unfairly against the third to seventh respondents.
“The award in their favour falls to be set aside. The referrals and unfair labour practice claims of the third to seventh respondents are dismissed,” the court ruled.
Speaking to IOL on the ruling, Middleton said he was relieved.
“When I was appointed to the position of head of metro police in 2018, the feeling of God's grace of a culmination of 40 years of working overwhelmed me. I couldn't believe the faith bestowed towards me. What then followed was four years of not being sure if the city had made the right decision. This was compounded with negative newspaper articles about my abilities but I didn't let it get me down. I knew God had put me there,” he said.
Middleton said he broke down when he told his wife and children about the court ruling.
“I read the ruling over and over again. Four years of pent up emotions … I cried. I've never been that emotional since the birth of my children. What a pension gift … knowing that my appointment is validated and verified,” he said.
IOL