Mdluli remains suspended

2012-06-25 08:58

Former crime intelligence boss Richard Mdluli will remain suspended until Freedom Under Law’s (FUL) court challenge of a decisions to drop criminal charges against Mdluli is decided.

The Johannesburg Labour Court today stayed Mdluli’s challenge of his suspension, saying the Labour Court “ought not to make an order which would undermine the order of another court of the same competency and status”.

Three weeks ago rights group FUL successfully obtained an interdict in the North Gauteng High Court, barring Mdluli from performing any functions as a police officer.

The interim order is subject to a full review of the National Prosecuting Authority’s decisions to drop criminal charges of fraud, corruption and murder against Mdluli.

FUL also asked the court to review the police’s decision to halt disciplinary action against Mdluli and to reinstate him.

Judge Andre van Niekerk has ruled that any order he made in Mdluli’s labour court matter “will stand in conflict with the high court order”.

Van Niekerk ruled that that it would not be appropriate for him to make a finding on the facts of the case, but that it seemed likely it would have to be referred for the hearing of oral evidence.

This was due to the serious dispute of fact between the police and Mdluli.

Mdluli has argued that his suspension was unlawful because he was never given an opportunity to make representations.

Mdluli claims that he discussed work related matters with acting crime intelligence head Fanie Masemola at a meeting on May 15, but that he was never notified that the police intended to suspend him.

But Masemola claims that he informed Mdluli of the police’s intention to suspend him at this meeting.

Police say that Mdluli promised Masemola that he would consult his lawyer and sign receipt of the papers the next day, but that Mdluli subsequently went to ground and resisted attempts to contact him.

It was on this day that Mdluli claims to have fallen ill with “hypertension” and “high blood” pressure.

Masemola said he subsequently wrote a letter to Mdluli, on May 17, confirming his suspension, but Mdluli’s legal team claim this letter is a fabrication.

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