Crime intelligence boss fails in bid to stop transfer, replacement

2012-06-07 12:28

A bid by Crime Intelligence KwaZulu-Natal head Major General Deena Moodley to permanently halt his transfer to the SAPS Pinetown cluster and to stop police bosses from replacing him while his dispute is being heard has failed.

Earlier today the Labour Court application was struck off the roll by Judge Andrew Gush because Moodley’s legal team failed to convince him that the matter was urgent enough.

Moodley had earlier won an interim interdict preventing police management from removing him from office, but acting National Police Commissioner General Nhlanhla Mkhwanazi had failed to remove the officer he appointed to replace Moodley, Brigadier Thuso Tshika, after the interim interdict was granted.

In the struck application, Moodley had also asked the court to reinstate his salary and benefits and to refer his dispute with police management to the Safety and Security Sectoral Bargaining Council for resolution.

Moodley had argued that his transfer, and that of Brigadier Jules Ndlovu, head of intelligence gathering to Inanda, were punitive and were unfair labour practices aimed at effectively removing them to posts they were not qualified to occupy because police management had “suspicions’’ that they had committed criminal acts.

The transfers, he told the court, were illegal and part of a purge aimed at removing them from office on spurious grounds.

Moodley was originally served with a notice of intention to suspend him over allegations of involvement illegal phone tapping operations and looting of the Crime Intelligence Secret Service Account, which is used to fund covert operations.

However, after the state failed to provide the labour court with details of the offences he was being suspended over, the court set it aside.

Following today’s judgment, Moodley will have to wait for the final return date on the original interdict to try and have his transfer set aside permanently. Tshika will also remain in office.

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