Judgment reserved in Mdluli case

2012-06-21 16:44
Richard Mdluli (File, Sapa)

Richard Mdluli (File, Sapa)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Johannesburg - The Johannesburg Labour Court has reserved judgment in an attempt by sidelined crime intelligence boss Richard Mdluli to have his suspension lifted.

Judge Andre van Niekerk said he would make a ruling on Monday at 10:00.

Graham Moshoana, for Mdluli, argued on Thursday that his client had not been directly served with a notice of intention to suspend by Lieutenant General Fannie Masemola during a meeting between the two parties on May 15.

However, William Mokhari, for former acting police commissioner Lieutenant General Nhlanhla Mkwanazi, said Mdluli was served with the notice at the two-hour meeting, and that he promised to sign it once he had met with his legal counsel on May 16.

"Why did Masemola agree [to Mdluli's alleged promise of signing later] if he knew the importance of signing [to prove service]?" asked Moshoana.

In his evidence, Masemola said he tried unsuccessfully to contact Mdluli on May 16 by phone and SMS.

Secret crime intelligence fund

Last year, Mdluli faced fraud and corruption charges relating to the misuse of a secret crime intelligence fund to buy luxury vehicles, and for hiring family members.

He also faced a murder charge for the death of his former lover's husband, Oupa Ramogibe. The charges led to his initial suspension.

All the charges were withdrawn and Mdluli was reinstated in March.

Police Minister Nathi Mthethwa later moved Mdluli to a different division, but Mkhwanazi subsequently opted to suspend him again.

The Labour Court lifted the suspension on June 1, but less than 24-hours later the decision was overturned by the same court.

On Thursday, the court heard that Mdluli had handed in a sick note on May 16.

'Life threatening'

In an affidavit, Mdluli said his doctor had informed him that he suffered from stress and high blood pressure, and that his condition would be "life threatening" if he continued to work."

He said he learnt of the intention to suspend him through his previous lawyer on May 25.

Mokhari described Mdluli's version as "far-fetched" and said his right to be heard before his suspension was not an "absolute right".

"If the court cannot decide which version of events [on May 15] is true, the application must be dismissed."

He said the case should be referred to the Commission for Conciliation, Mediation and Arbitration or to the bargaining council because the suspension was not an unfair labour practice.

'A waste of time'

Mokhari further submitted that an interim order by the North Gauteng High Court against Mdluli had "thrown a spanner" into the case in the Labour Court.

Judge Ephraim Makgoba granted an urgent interim interdict to Freedom Under Law on June 6 to prevent Mdluli from performing any duties as a police official, pending an application to reinstate criminal and disciplinary charges against him.

"Any order contrary to that interim order cannot be enforced. This application has been overtaken by events. The applicants cannot reinvent the wheel," Mokhari said.

He said the Labour Court application was now "a waste of time".

Moshoana argued that both parties to the Labour Court case had opposed the High Court application.

"It is opportunistic to turn around and then say that the issue between you and me is resolved," he said.

Moshoana argued that Mdluli was awaiting a response on his application for leave to appeal the judgment, and that the Labour Court could uplift the suspension as it shared "the same status as the High Court".
Read more on:    police  |  richard mdluli

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
Comments have been closed for this article.

Inside News24

Empowering girls in science

A Johannesburg high school is making a change in science education for girls and seeing incredible results.

Partner Content
Travel Dreams? Where would you rather be right now?

Partnered: Whether you're missing family overseas, dreaming of family adventures or romantic hideaways we all have that one place we'd rather be right now - but have you thought about the best way to get there?

Traffic Alerts
There are new stories on the homepage. Click here to see them.


Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.

Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.


Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.

Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.