INLSA
Nhlanhla Mkhwanazi
The KwaZulu-Natal head of police crime intelligence was transferred from his post after it was alleged he instructed officers to unlawfully intercept the cellphone calls of journalists.
This is according to court papers filed in the Labour Court in an application brought by Major-General Deena Moodley – 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 Fani Masemola – to have his transfer to the Pinetown policing area as cluster commander set aside. Yesterday the case was adjourned by consent to June, and it was agreed Moodley’s transfer would be held in abeyance pending finalisation of the matter. It was further agreed Moodley would not return to work, but that no one would be appointed to his position permanently.
Misconduct
A similar order was also granted yesterday for Moodley’s deputy, Brigadier Sithembiso Ndlovu, who is opposing a transfer to Inanda police station as crime prevention commander.
In court papers, Moodley said he had been served in February this year with a notice of intention to suspend him for misconduct. The letter, signed by Masemola, stated that his suspension was being considered for allegedly contravening police discipline regulations.
“During November 2010, you gave an instruction to Colonel B Padayachee and Colonel D Zulu to have the cellular conversations of certain journalists intercepted, well knowing that such application (for interception) would contain information which is false, incorrect or misleading.”
Moodley then made submissions to the police management, including affidavits by Padayachee and Zulu, stating why he should not be suspended.
In his affidavit, Padayachee states he was told by Moodley to investigate journalists “who posed a threat to the organisation” in November 2010. Padayachee says that neither he nor Zulu was given an unlawful instruction.
On March 2, Masemola said that, having considered Moodley’s submissions, he had decided not to suspend him. However, three days later, Mkhwanazi sent Moodley a letter, asking him to report for duty as cluster commander at Pinetown.
Moodley says his attorney wrote to Mkhwanazi opposing the transfer and requesting reasons why it was necessary. No reply was received and Moodley was subsequently locked out of his office.
Ndlovu claims his letter of transfer came a week after he told Mkhwanazi, Masemola and one Brigadier Khumalo he had no information about Moodley’s alleged corruption.
