Trade union Solidarity will approach the Labour Court on Friday to demand the arrests of National Police Commissioner Riah Phiyega and Police Minister Nathi Nhleko.
The union believes the police have not complied with a court order to redeploy whistleblower Colonel Kobus Roos in a similar position.
“This comes after Phiyega and Nhleko indicated through a police spokesperson that they will not personally present their case regarding their noncompliance with an earlier court order relating to Col Kobus Roos in court tomorrow [Friday],” deputy general secretary Johan Kruger said in a statement.
Roos, who has worked for the police for 26 years, was originally demoted by ex-crime intelligence boss Richard Mdluli, after he exposed corruption in the crime intelligence unit.
Mdluli removed Roos from his position as head of internal audit and placed him in the inspectorate and evaluation division of the union — a post the union said was redundant.
Dirk Groenewald, head of Solidarity’s Centre for Fair Labour Practices, said the minister and police chief were legally bound to appear in court in person.
“If they fail to show up in court tomorrow [Friday], it will be indicative of their indifference towards Col Roos and the injustice that was done to him,” said Groenewald.
“Moreover, they will be in contempt of a direct order of the court, which is an offence that may incur a prison sentence.”
In April, the Labour Court ordered the police to redeploy Roos to a similar position as that he had before his demotion.
However, Roos was subsequently moved to the SAPS head office, despite there apparently being colonel positions open in crime intelligence.
Previously, national police spokesman Lt-Gen Solomon Makgale said the application would be opposed, as the police felt they had complied with the order.
According to the union, Mdluli had originally appointed Roos to investigate an account but when Roos uncovered proof of corruption in the unit, Mdluli stopped the investigation and transferred Roos.
In the April court ruling, the police were also ordered to pay Roos R156,250 in compensation and pay costs. SAPA