The Johannesburg Labour Court on Sunday ruled in favour of the application by the SA Police Service to set aside the lifting of the suspension of Crime Intelligence boss Richard Mdluli.
Mdluli had been granted an order lifting his suspension by the same court on Friday, despite the absence of SAPS lawyers in court.
On Saturday, the SAPS brought an urgent application to have the order set aside.
Attorney William Mokhari SC, for acting national police commissioner Nhlanhla Mkhwanazi, argued that the order granted to Mdluli was questionable as it was obtained “improperly” and may have constituted fraud or fraudulent misrepresentation.
In court papers, he said the order was secured under circumstances which were “grossly irregular, and bordered on fraud and/or fraudulent misrepresentation... to the court.”
Mokhari questioned how the court could have ruled on the matter when the case had been set down for June 4. He said all parties involved in the case were informed on Thursday afternoon that it would only be heard on Monday.
Such a case should not have been heard without the consent of the other parties, he said.
Mdluli was suspended for the second time on last Sunday by Mkhwanazi.
Last year, Mdluli faced fraud and corruption charges relating to the misuse of a secret crime intelligence fund to buy luxury vehicles, and to hire family members.
He also faced a murder charge for the death of his former lover's husband, Oupa Ramogibe. The charges led to his initial suspension.
This year, all the charges were withdrawn and Mdluli was reinstated in March. This was widely criticised by, among others, the Democratic Alliance and lobby group Freedom Under Law.
Police Minister Nathi Mthethwa later moved Mdluli to a different division but Mkhwanazi subsequently opted to suspend him. - Sapa