Freedom Under Law won’t oppose Mdluli appeal

2013-10-23 10:28

Rights group Freedom Under Law will not oppose an appeal of the court victory which reversed the decision to drop criminal and disciplinary charges against suspended crime intelligence head Richard Mdluli.

This was revealed in a press release issued by Freedom Under Law (FUL) this morning.

The statement says that, although FUL are “satisfied that the judgment is correct and is confident that it will be upheld on appeal, it is not opposing these applications”.

“FUL believes that the legal and factual issues involved are of such importance that they warrant the attention of a higher court.”

The stance adopted by the rights group headed by former Constitutional Court judge Johann Kriegler will effectively pave the way for this matter to be argued before the Supreme Court of Appeal.

The rights group has, however, indicated that it will ask for the interdict preventing Mdluli from returning to work to be reinstated pending the finalisation of the case.

Both the police and the National Prosecuting Authority (NPA) indicated earlier this month that they would be appealing the scathing judgment delivered against them by Judge John Murphy earlier this month.

Last year, FUL took the NPA and the police to court amid controversial allegations that there had been attempts to protect Mdluli from facing criminal and disciplinary charges.

Murphy last month overturned the decisions to drop two sets of criminal charges against Mdluli, as well as the decision to drop internal police disciplinary charges against him.

In his judgment, Murphy found that the “National Director of Public Prosecutions (Nomgcobo Jiba) and the Directors of Public Prosecutions have not demonstrated exemplary devotion to the independence of their offices, or the expected capacity to pursue this matter without fear or favour”.

The appeal will be argued before Murphy tomorrow.

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