Mysterious court order to be challenged by SAPS

The Acting National Commissioner of Police, Lieutenant General Nhlanhla Mkhwanazi,  and SAPS management have on Friday 1 June 2012 learned with shock that Lieutenant-General Mdluli obtained an order from the Labour Court lifting his suspension and ordering his immediate return to work. The order was obtained in the absence of the SAPS and without the SAPS' knowledge. The order was apparently obtained on 1 June 2012 (see report).

According to the directions that were given by the Court, and to the knowledge of the SAPS and its attorneys, the urgent application brought by Lieutenant-General Mdluli was scheduled to be heard on Monday 4 June 2012 at 10h00.

The circumstances under which Lieutenant-General Mdluli obtained the Court order are extremely worrisome and the SAPS is currently investigating how the Court could conceivably have granted the order in favour of General Mdluli and in the absence of the SAPS whilst the same Court made a directive that the urgent application would be heard on Monday 4 June 2012.

The SAPS lawyers are in the process of preparing papers for the launching of an urgent application to rescind and set aside an order which was clearly either fraudulently or grossly improperly obtained. The order obtained by Lieutenant-General Mdluli entitles the SAPS to approach Court on an urgent basis for the reconsideration and the setting aside of the order on 24 hour notice to General Mdluli.

Lieutenant-General Mdluli will not be required to report for duty in any capacity until when the urgent application contemplated is finalised and disposed of by the Court. 

Statement issued by Brigadier Lindela Mashigo, SAPS National Media Centre, June 1 2012

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