The Public Protector on Monday confirmed that a report was submitted to the police alleging that crime intelligence divisional commissioner Richard Mdluli had failed to probe alleged police drug dealing and the illegal towing and chopping of cars.

The South African Police Service (SAPS) had, however, dealt with the matter after it received the report, said Kgalalelo Masibi, spokesperson for the Public Protector, in a statement.

The report was submitted to Police Minister Nathi Mthethwa and the Gauteng provincial police commissioner, Perumal Naidoo, in December 2009.

Masibi was responding to weekend media reports in which the content of the document were aired.

This included Public Protector Thuli Madonsela charging that Mdluli ignored a 2008 complaint about police involvement in crime while he was deputy police commissioner in Gauteng, the Sunday Independent reported.

Madonsela states in the report that Mdluli's failure to investigate the complaint was unjustified.

"[It was] unreasonable and in conflict with the spirit of the Constitution and the Police Act, as it adversely affected the credibility of the SAPS and could therefore amount to defeating the ends of justice," the report said.

Masibi said that since the report was released to the police, it had complied with the "remedial action" taken by the Public Protector and that progress reports were forwarded to Madonsela on a "regular basis".

"Immediately after the report, SAPS requested a meeting and such meeting took place on January 19, 2010," Masibi said.

"At this meeting, SAPS reported that they had investigated the allegations in question but owing to transitional challenges, as Commissioner Mdluli moved elsewhere, there was a communication breakdown with the Public Protector, for which SAPS apologised."

Mdluli was reportedly promoted to divisional commissioner for crime intelligence in July 2009.

In January this year, the police provided Madonsela with "documentary evidence" on steps taken to probe the matter.

A disciplinary docket was opened and a senior policeman from Mamelodi was appointed to investigate.

Masibi said that the latest correspondence from the police was received last week, on June 10.

"In this correspondence the SAPS reported that criminal cases of negligent loss of State property and defeating the ends of justice had been registered and that the Departmental Trial for a member charged with negligent loss of State property would be held on June 22, 2010.

"A second SAPS member has been charged."

Masibi urged government departments to respond to "interim reports" to avoid "unnecessary adverse findings".

She could not be reached for further comment on Monday.