Suspended crime intelligence boss Richard Mdluli.
The matter was postponed to June 21.
Judge Andre van Niekerk ordered that the applicants must file answering affidavits by June 13.
Mdluli is challenging his suspension after the court granted an order lifting his suspension on Friday but subsequently ruled in the South African Police Service’s favour on Sunday to continue with the action.
Both the police and Mdluli’s lawyers appeared on Monday despite Sunday’s ruling.
“We just received a call from the court registrar saying we have to be in court by 10am,” Brigadier Lindela Mashigo said on Monday morning.
“Even though the decision was made on Sunday, the hearing was originally set for Monday and it is still on the court roll.”
Mdluli had been granted an order lifting his suspension by the same court on Friday, despite the absence of SAPS lawyers in court.
In court papers, attorney William Mokhari SC – arguing for acting national police commissioner Nhlanhla Mkhwanazi on Saturday – said Friday’s order was secured under circumstances which were grossly irregular.
Irregular
He questioned how the court could have ruled on the matter when the case had been set down for Monday.
Mdluli was suspended for the second time on May 27 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This year, all the charges were withdrawn and Mdluli was reinstated in March.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