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 deems City of Cape Town officer’s dismissal excessive

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.

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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The city contested the arbitration decision in the Labour Court in Cape Town on 6 November 2025.

The municipality argued that Moses made serious errors in evaluating the evidence, resulting in findings that were “unsustainable and irregular”.

The arbitrator, according to the metro, overlooked critical evidence and emphasised that the offence was considered dismissible as a first-time violation.

The city argued that the arbitration should have focused solely on whether the penalty imposed was appropriate.

Labour Court ruling

Acting judge C May ruled in favor of Mantis, stating that Moses correctly identified the dispute as assessing whether dismissal was too severe.

“Nothing in the pleadings or arguments suggests that the arbitrator engaged in improper conduct or acted with any malfeasance or dishonesty.

“There was no material malfunctioning. The award is in the circumstances unassailable,” the 19 February 2026 judgment reads.

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May further said that the arbitrator’s decision was within the bounds of reason.

“He considered the arguments by the employee that dismissal remains a measure of last resort and all circumstances should be considered before a decision is made to dismiss.

“Also, there is no reason to believe that the employee will repeat the misconduct.”

Reinstatement

The judge dismissed the city’s challenge and ordered Mantis to resume work on 2 March.

“The effect of the application meant an interruption of the period for the employee to report for duty as well as a provision for backpay.”

The court added that Mantis must be paid a total of R553 135.24, representing 28 months of missed salary at R19 754.83 per month, with payment due by 31 March.

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