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Home » Top cop wins his job back after SAPS fired him for being too sick to work
Labour Law

Top cop wins his job back after SAPS fired him for being too sick to work

The court found SAPS violated the officer’s rights when it dismissed him during a period of certified medical leave 
Kennedy MudzuliBy Kennedy MudzuliJuly 1, 2025Updated:July 1, 2025No Comments
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Key points 

  • Major General Moodley was dismissed while on certified medical leave. 
  • SAPS failed to follow proper disciplinary procedures. 
  • The Labour Court ruled the dismissal unlawful and ordered full reinstatement. 

 

For over three decades, Major General Moodley served the South African Police Service (SAPS) with quiet commitment, working his way through the ranks to become one of the senior leaders in Crime Intelligence. 

He wasn’t one for the limelight; his work happened behind the scenes, methodically, patiently, sometimes under pressure, but always with purpose. 

That all came crashing down when illness forced him off duty, and instead of support, he was handed a letter dismissing him. “I was at my weakest, and they decided to get rid of me,” Moodley said in court papers. “It felt like betrayal.” 

Now, thanks to a recent ruling by the Labour Court in Johannesburg, Moodley has won a small but meaningful victory, not just for himself, but for the principle that no worker should be cast aside for falling ill. 

A career in service, derailed by sickness 

Moodley’s health began to decline in late 2023, shortly after being transferred from Crime Intelligence to the SAPS Divisional Inspectorate. Over the following months, he submitted repeated medical certificates, eventually being booked off entirely by a psychiatrist between April and May 2025. 

But while he was on medical leave, a time when one might expect care and compassion, SAPS issued a notice summoning him to a Fitness Board of Inquiry to assess whether he should remain in service. 

“We informed them that the General was booked off by a medical specialist,” POPCRU, the police union representing him, wrote to SAPS. “We pleaded for a postponement. They refused.” 

The inquiry proceeded without him on 24 April. Despite POPCRU presenting medical evidence, the board was rescheduled to 5 May, still before Moodley’s medical certificate expired. He never stood a chance. On 13 May, he was dismissed. 

‘You are no longer wanted’ 

The board concluded that Moodley’s prolonged absence showed he had no interest in continuing his work. In their view, he was “unwilling to repent” for being sick and had disregarded SAPS operational needs. That conclusion came despite not hearing from Moodley himself. 

His salary was cut. His medical aid, Polmed, the very benefit that covered his ongoing treatment, was terminated. A once-respected officer was now jobless, voiceless, and cut off from the system he had given his life to. 

Fighting back 

With POPCRU’s support, Moodley brought an urgent court application, not just to clear his name, but to save his health. In court, he argued that the process used to dismiss him was flawed and unlawful. Judge R Daniels agreed. 

“The dismissal was in breach of the applicant’s employment contract and was therefore unlawful,” the court ruled on June 27. “By proceeding with the inquiry and failing to refer the issue to a disciplinary hearing, the respondents deprived the applicant of his rights,” Judge Daniels wrote. 

The court ordered SAPS to reinstate Moodley with full backpay and medical benefits and gave him 10 days to file a formal review of the decision. For Moodley, the path ahead remains uncertain. He still faces a formal review process, and the shadow of the Fitness Board’s judgment looms large. But for now, he has his job back. He has his benefits. And he has his voice. 

#Conviction 

Got a news tip or facing something similar? Email us at news@conviction.co.za 

 

Employment law South Africa labour court ruling medical leave rights SAPS misconduct Unfair dismissal
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Kennedy Mudzuli

Multiple award-winner with passion for news and training young journalists. Founder and editor of Conviction.co.za

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