After 23 years of dodging bullets and putting his life on the line, KwaZulu-Natal Crime Intelligence boss, Major-General Dina Moodley, is not prepared to leave his post without a fight. On Wednesday, Moodley and the head of the unit’s operations in KZN, Brigadier Jules Ndlovu, challenged their “unlawful” transfer in the Durban Labour Court. The application, filed in court last week, was brought against the acting national police commissioner, Lieutenant-General Nhlanhla Mkhwanazi, provincial commissioner, Lieutenant-General Mmamonnye Ngobeni, and the acting divisional commissioner of crime intelligence, Lieutenant-General Fanie Masemola.
According to court papers, Moodley was given a notice of intention to suspend him in February after he was accused of not following procedure regarding a state security issue. According to the notice, signed by Masemola, the suspension was being considered in respect of Regulation 13 (1) of the SAPS disciplinary regulation of 2006 in which Moodley was accused of alleged “serious misconduct”. The notice stated: “During November 2010, you gave instructions to Colonel B Padayachee and Colonel D Zulu to have the cellphones of certain journalists intercepted, knowing that such an application in terms of the Regulation of Interception of Communications and Provision of Communication-related Information Act would contain information which is false, incorrect or misleading.” The notice was overturned on March 2, after Moodley made submissions to police management and handed in affidavits from Padayachee and Zulu stating they had not been given any unlawful instructions. In their statements, they said they were asked by Moodley to investigate journalists who posed a threat to the organisation. Less than a week later, Moodley was instructed by Mkhwanazi to transfer immediately to head the SAPS Pinetown cluster, and Ndlovu was told to go to the Inanda cluster uniform branch. In the transfer notices both were told their moves were in line with service delivery requirements by the police in KZN.
Ndlovu claimed in court papers his transfer came a week after he had told Mkhwanazi, Masemola and a Brigadier Khumalo he had nonformation about Moodley’s alleged corruption. Since then, Brigadier Thuso Tshika was appointed to act in Moodley’s position. On Wednesday, it was agreed by consent that no-one could be appointed in Moodley and Ndlovu’s position in a full-time capacities until the hearing was completed. Their attorney, Carl van der Merwe, said the SAPS had until April 26 to file opposing papers. He has instructed advocate Charmaine Nel to represent both men. “If they oppose the matter, then we have until May 11 to file replying affidavits. The hearing has been set down for June 1.”
Moodley and Ndlovu will be on leave until the hearing and would not have to report for duty at Pinetown and Inanda. Their salary would not be docked and they could not be threatened by the SAPS with disciplinary processes, it was agreed. In an interview with the Daily News, Moodley said he had an “unblemished” career and was angry at the manner in which he was being treated. “I have been the head of crime intelligence in KZN since 2003. Why should I have to accept a lesser position? Transferring me to station level is a demotion. “I dodged bullets and risked my life for the police for all these years. I will not give up my post without a fight.”
Moodley, who earns an annual salary of R1 million, has been at home since February 10. “I was locked out of my office at provincial headquarters and had no option but to stay home. I have no station experience and can’t understand how my transfer is in line with service delivery requirements.” An equally disgruntled Ndlovu, who earns about R900 000 a year, said his transfer and the manner in which he was being treated had dented his image. “I miss what I am trained to do and want to go back to my job. I also plan to fight this all the way. I have done nothing wrong and should not be punished for no reason.”
Provincial secretary-general of police union Popcru, Kwenza Nxele, said Moodley and Ndlovu’s transfers were in breach of fair labour practice.
“The police have acted unlawfully and have not followed proper transfer policy processes. When an employee is removed from his or her position, proper channels must be followed.”
Source: IoL
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