Crime Intelligence boss Richard Mdluli’s suspension would not have been lifted had the factual misrepresentations made been known, the Johannesburg Labour Court heard yesterday.
“It will be argued that there was error… certain factual misrepresentations were made to the court,” said attorney SC William Mokhari, for acting National Police Commissioner Nhlanhla Mkhwanazi.
“The application was set down for 4 June 2012… that was overtaken by the ruling of this court.”
Mdluli was granted an order lifting his suspension by the same court on Friday, despite the absence of SAPS lawyers in court. The SAPS brought an urgent application less than 24 hours later to have the order set aside.
Mokhari said all parties in the case were informed on Thursday afternoon that the case would be heard tomorrow.
“But, there were behind-the-scenes activities… and at (3.20pm) on Friday, a mysterious court order surfaces and the suspension is lifted.”
He said the matter should not have been heard as Mdluli’s counsel should have acquired consent from all the parties before going ahead with the case. “It cannot be done unilaterally.”
He further submitted that Mdluli’s attorney of record was Ike Motloung up until yesterday morning. “For some inexplicable reason Mr (Graham) Moshoana comes into the picture, but not to the knowledge of the applicant or the other attorney,” Mokhari told the court.
Mdluli was suspended for the second time last Sunday by Mkhwanazi. – Sapa