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All the charges were withdrawn and Mdluli was reinstated in March.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".
- SAPA
Read more on:    police  |  richard mdluli
NEXT ON NEWS24X
SHARE:

Read News24’s Comments Policy

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
6 comments
Add your comment
Comment 0 characters remaining
 

Inside News24

 
/News
 

Five wrapping hacks you have to know before Christmas

Five gift wrapping hacks that will save Christmas for you!

 
 

I love summer.24

Sexiest Instagrams of 2014
Joburg hot spots for cocktails, craft beer, tapas and wine!
Summer Survey!
Great ideas for the best summer sandwiches!

Jobs in Cape Town [change area]

Property [change area]

Travel - Look, Book, Go!

Kalahari.com - shop online today

Grand Theft Auto 5

Now available on PS4, Xbox One and PC from R649. Buy now!

Festive gifts!

Check out our awesome range of festive gifts to make everyone’s wishes come true. Shop now!

Save on Samsung

Cameras, mobile phones, TVs, Tablets and more. While stocks last. Shop now!

Save up to R2200 on electronics! – As seen in the catalogue

Wishing for tech gadgets this festive? Save up to R2100 on hot tech products at kalahari.com. While stocks last. Shop now!

30% off the bestselling books

Save big on the most captivating reads of 2014. While stocks last. Shop now!

OLX Free Classifieds [change area]

Samsung Galaxy s4

Mobile, Cell Phones in South Africa, Western Cape, Cape Town. Date October 24

Best bargain in big bay

Real Estate, Houses - Apartments for Sale in South Africa, Western Cape, Cape Town. Date October 25

VW Golf 6, 1.6 Trendline (Excellent condition)

Vehicles, Cars in South Africa, Western Cape, Cape Town. Date October 25

Horoscopes
Aquarius
Aquarius

The energy today is serious, materialistic and hardworking. You may find you get a new outlook on things and you may want to spend...read more

There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

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.

Settings

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.