Labour court grants high-ranking police officer interim relief following 'unlawful' dismissal

A HIGH-ranking police officer who claimed he was “unfairly” dismissed after he failed to attend a fitness inquiry due to ill-health, approached the Labour Court of South Africa in Johannesburg for urgent interim relief, which was granted.

- NADIA KHAN

In its application, the Police and Prison Civil Rights Union (Popcru), on behalf of Major-General Deena Moodley, said his termination was unlawful and contrary to his employment conditions with the SAPS.

Moodley sought interim relief which included being reinstated without loss of remuneration or benefits such as medical aid, pending the outcome of a review application that the decision of the SAPS to convene a Fitness Board of Inquiry in terms of section 34(1) of the South African Police Services Act No. 68 of 1995 was unlawful.

The outcome of the review would also declare that his dismissal was in breach of his conditions of employment and therefore invalid.

Moodley sought that the matter be heard on an urgent basis because “he was seriously ill, required medical attention, and his medical aid membership had been terminated as a result of the SAPS' unlawful conduct”.

According to the judgment recently handed down by Judge Reynaud Daniels, Moodley served in the SAPS for more than 30 years until his dismissal on May 14, 2025.

At the time of his dismissal, Moodley was a senior member of the SAPS. He had been the Head of SAPS Crime Intelligence: Collection until he was transferred to the Divisional Inspectorate on October 20, 2023.

Moodley previously served as the head of Crime Intelligence in KwaZulu-Natal.

According to the court papers, shortly thereafter, Moodley felt unwell and consulted a medical practitioner. His medical condition persisted.

“The applicant (Moodley) was absent from work for varying periods between late 2023 and 2025, apparently submitting medical certificates from time to time.

“As a result of his absences from work, on or about April 4, 2025, the SAPS issued a notice to the applicant in terms of section 34(1) of the SAPS Act.