The SA Police Service will bring an urgent court application in the Johannesburg Labour Court at 2pm on Saturday to set aside the lifted suspension of Crime Intelligence boss Richard Mdluli.
On Friday Mdluli made a low-key appearance in the Labour Court to challenge his suspension by acting police chief Nhlanhla Mkhwanazi. The court granted an order lifting the suspension.
The police have since claimed that the order was "either fraudulently or grossly improperly obtained" and said its lawyers were taking action to have it set aside.
"The SAPS is currently investigating how the court could conceivably have granted the order in favour of Gen Mdluli and in the absence of the SAPS, whilst the same court made a directive that the urgent application would be heard on Monday 4 June 2012," said Brigadier Lindela Mashigo.
Mdluli's suspension, on Sunday, came just months after he was reinstated as head of Crime Intelligence after being suspended while criminal charges were pending against him.
All the charges were withdrawn in March, but when his reinstatement was widely criticised by, among others, the Democratic Alliance and lobby group Freedom Under Law (FUL), Police Minister Nathi Mthethwa moved him to a different division.
The City Press website reported that, in an affidavit, Mdluli said he was being subjected to "double-double jeopardy", as Mkhwanazi was suspending him for the same allegations for which he was previously suspended.
Judge Edwin Molahlehi reportedly said he was satisfied that a prima facie case had been made and that "in the absence of opposition from respondents... there is no reason to doubt the version of the applicant".