Ramaphosa to address nation on Sunday on Mkhwanazi's allegations
On Sunday Mkhwanazi alleged deputy national commissioner Lt-Gen Shadrack Sibiya obstructed justice, stalled investigations into political assassinations and organised crime and shielded politically connected suspects by taking control of more than 120 sensitive dockets. Mkhwanazi said that was done without the authority of the national or provincial commissioner.
Further allegations implicated the minister of police, suggesting links to controversial figures such as Vusumuzi 'Cat' Matlala, who faces serious criminal charges, but reportedly remains politically protected while benefiting from lucrative SAPS contracts.
At the time he made the allegations, Ramaphosa was outside the country attending a Brics summit in Brazil. However, he noted the statements, saying the matter is of grave national security concern.
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Popcru attended the hearing, but the applicant was absent, and presented the chairperson with a medical certificate and an affidavit from the medical practitioner. 'By agreement, the hearing was postponed to May 5, despite the chairperson being advised that the applicant was booked off until May 7. The chairperson required the parties to make written submissions by May 5,' it read. From April 29, Popcru and Moodley's attorneys attempted to secure an undertaking from the SAPS that the hearing would not proceed, to no avail. By May 5, Moodley had failed to make any representations, and the chairperson of the inquiry considered only the representations from the SAPS, the court papers read. On May 6, Moodley launched an urgent review application, which came before Acting Judge Matyolo on May 13. 'The court accepted that the matter was urgent but dismissed the application on the basis that the application was premature because no finding had yet been made by the fitness board. On the following day, the applicant was notified that he had been dismissed. 'In the minutes of the inquiry, the chairperson, Colonel SB Ntuli, despite the absence of the applicant found, on or about 10 May, that the applicant was unwilling to fulfill his employment contract, and unwilling to repent for his lengthy absences from work. In addition, the chairperson stated that the applicant is unconcerned with the employer's operational needs and values,' it read. According to the court papers, on May 13, the Divisional Commissioner Crime Intelligence, which is the convening authority, decided to terminate Moodley's services. In addition, the Divisional Commissioner Crime Intelligence, found inter-alia that Moodley had been absent from work since his transfer in late 2023. 'He noted that the applicant had submitted medical certificates which covered only part of the period of his absence, that the applicant had not secured the security clearance required to perform his duties, and that the applicant had been absent from duty without leave. 'The minutes of the Board, and the recommendations of the chairperson, were not forwarded to the applicant. The applicant, therefore did not make representations to the convening authority regarding the recommendations of the Board,' it read. In handing down judgment, Daniels said it was common cause that a section 34(1) inquiry was not a substitute for a disciplinary procedure. 'The respondents contended that the Board has a discretion to convert the inquiry into a disciplinary hearing. This is incorrect, for several reasons. The Disciplinary Regulations are clear that the alleged conduct of the applicant, absence without reason or permission, constitutes misconduct. This must therefore be dealt with in a disciplinary process. 'The (police) minister has not published any guidelines in terms of section 34(3) of the SAPS Act catering for the circumstances under which such an inquiry may be converted or deemed to have been converted into disciplinary proceedings,' he said. Daniels said by proceeding with the inquiry and failing to refer the issue to a disciplinary hearing to be conducted in accordance with the Discipline Regulations, the respondents breached Moodley's contract of employment. He said among the requirements for the granting of an interim interdict, an applicant must establish a prima facie right even if it is open to some doubt. 'The applicant has proven his prima facie right. The papers reveal that there is a reasonable apprehension of irreparable harm. Absent his medical aid, and continued income, the health of the applicant will be in jeopardy,' he said. Daniels said Moodley had also proven the breach of his employment contract. He said pending the final determination of the review application, an order was granted declaring that the respondents' dismissal of Moodley was in breach of his conditions of employment and therefore unlawful. Daniels also ordered that Moodley be reinstated into his previous position without loss of remuneration or benefits. THE POST
