City of Cape Town officer wins reinstatement and R550k backpay after drug test dismissal

A City of Cape Town law enforcement officer has been given the greenlight to return to work and will receive more than half a million rand in backpay after being dismissed for failing a drug test. Keegan Mantis, employed by the city’s law enforcement department, lost his job in late 2023 following a positive cannabis test. The dismissal came after a random drug test conducted in February 2023, which Mantis did not pass.

The municipality charged him with misconduct for violating the city’s policy that prohibits employees from being under the influence of intoxicating substances while on duty. Mantis admitted guilt during a disciplinary hearing and the city formally terminated his employment on 31 October 2023. He later contested the dismissal through arbitration at the South African Local Government Bargaining Council.

Arbitrator Orlando Moses concluded that the city’s decision to dismiss Mantis was substantively unfair. He found no evidence demonstrating that Mantis was intoxicated or incapable of performing his duties on the day in question. Moses highlighted that using cannabis is not illegal and did not conflict with Mantis’ job responsibilities.

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The arbitrator determined that terminating Mantis was an excessive response and instructed the city to reinstate him retroactively. He was ordered to resume his duties on 1 September 2024 and to receive R197 548.20 in owed salary.

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