News24

Mdluli back at work - again

2012-06-01 18:33

Johannesburg - Former police spy boss Richard Mdluli had his police suspension lifted on Friday by claiming he was being subjected to "double double jeopardy".

Judge Edwin Molahlehi, of the Johannesburg Labour Court, ordered late on Friday afternoon that Mdluli's suspension of two weeks ago be lifted and that he be allowed to return to work immediately.

"I am satisfied in terms of the founding affidavit that a prima facie case has been made and, in the absence of opposition from respondents... there is no reason to doubt the version of the applicant," said Molahlehi.

Mdluli's application went unopposed by lawyers for acting police chief Nhlanhla Mkhwanazi, who appeared to have been under the impression that the case would only be heard on Monday, following an instruction from the court's registrar.

But Mdluli's attorney Graham Moshoana, in a letter in the court file, appealed to the registrar to have the matter heard on Friday.

This was because the "suspension being unlawful continues to erode on the dignity of [Mdluli] and the weekend media is going to continue to erode on his dignity".

The letter stated that the "matter has sensitivities around it and the applicant seeks an interim order even if returnable on Monday".

During the hearing, Moshoana said the "state attorney and its client should be aware this matter is proceeding this afternoon".

Moshoana said he had not received any further communication from them.

In his founding affidavit Mdluli claimed that his suspension constituted "double double jeopardy, as [Mkhwanazi] seeks to suspend me for the same allegations that I was previously suspended".

Mdluli also claimed that he was not afforded an opportunity to make representations about his suspension.

In his affidavit, Mdluli explained that on 15 May, the same day lobby group Freedom Under Law launched its court bid to have his suspension challenged, Mdluli "fell sick and consulted a doctor".

Mdluli claimed the doctor said he was suffering from "stress and high blood pressure and booked me off".

He added that his doctor told him his condition would be "life-threatening if he continued to work".

And then he was "shocked" when his attorney told him that he had been suspended again the following Friday.

The former police spy boss was suspended for the second time by Mkhwanazi on 25 May - after Police Minister Nathi Mthethwa announced that he would be removed from crime intelligence but continue to work pending an investigation of a task team headed by state law adviser Enver Daniels.

The allegations against Mdluli related to the 1999 murder of Oupa Ramokgibe as well as the mismanagement and abuse of the polices crime intelligence slush fund.  

Comments
  • rob.prestwich - 2012-06-01 17:38

    What a shambles. A microcosm of government.

      Rabble-Rouser - 2012-06-01 18:52

      It seems that these bumbling cops cannot get anything right. They just don't know what they are doing.

      Christelle - 2012-06-01 18:56

      It is an utter utter shame. And the SOB's are trying to pin some crap on the DA which ended up costing the tax payers a mere R8000. In Africa, it appears as if you have to go big or go home. And I love the "being sick with high blood pressure". Have we not heard that one many times.

      Press - 2012-06-01 18:58

      I say we unleash Brett Murray on him . . . .

      farmfreund - 2012-06-01 19:00

      The Zuma tribe has run out of loyalist hahahaha , they underestimate the black intelect, Zuma you are falling dude your days are counted as president,

      Jan - 2012-06-01 19:02

      christelle.james.7 - where did you get the R8000 figure from?

      Christelle - 2012-06-01 19:12

      Jan, the investigation into the "questionable" contract in the WC ended up being a mere R8 696 which Madonsela deemed unnecessary spending on re-advertising of a branded product. That is where I found my R8000

      Frederik - 2012-06-01 19:20

      the local spaza shop is ran better than this country.....what a shambles....

      Frederik - 2012-06-01 19:26

      I am leaving this country soon, so that I can be free of the flaws that is rotting through this communist system....

      Jan - 2012-06-01 19:37

      christelle.james.7 - - can you give me a reliable online source for the amount of R8 696 that you quote - I dont see it in the article?

      Michele - 2012-06-01 19:58

      Spot on Rob. Go read a piece in The Daily Maverick, they interviewed Paul O Sullivan ( he is the gent who brought Selebi down ) and you will get a clearer picture of just exactly what political interference has done to the upper echelons of our police force. It is quite disgusting and shamefull, but hey according to the ANC there is " nothing wrong cadre deployment " I like our acting commissioner, he is trying to do what's right for SAPS and us as citizens so sadly our political clowns will soon try and get rid of him on some or other sham.

      Consolata - 2012-06-01 20:04

      I actually cant believe this! Are my eyes deceiving me or maybe its my brain!\r\nI think that its time that all south africans march against against this bull. Bring the economy to a standstill so they have nothing more to steal,thats the only way that they will get the message.

      Consolata - 2012-06-01 20:12

      Can we also please march to recall jz as president!

      Christelle - 2012-06-01 20:21

      @ Jan - on News24, the South African grouping - there is a article under this section called - Zille; See it in context. It is noted there.

      Franklyn - 2012-06-01 20:27

      just seeing how useless our ministers are at administrating their posts,makes you wonder why they are given such high profile positions if not to uphold a monstruously corrupt government.

      Lacrimose - 2012-06-01 20:48

      How the Courts Registrar failed to notify or gave the Prosecution bad information will be part of another investigation. So this decision could be overturned. Of course this will turn out to be "a clerical error and there was no intention to pervert the course of justice" followed by the usual apologies, firing of some poor clerk and so the game will resume. This is legal delaying tactics at its finest - whilst the shredders are working overtime.

  • Vytjie - 2012-06-01 17:56

    Jow on earth can you determine double double jeopardy on suspencion, without a decent court case? Maybe this investigation should be dealt with in court now. We don't need crooks in government. Seems to me the this finding is as corrupt as the initial finding for suspencion. Is Glynnis Breytenbach back at office?

      alansmartSnr - 2012-06-01 19:16

      It's just a technicality! It will take a bit longer now but his day of reckoning is just around the corner. Selebi had just as many detractions and delays but he got his due.... eventually. Same with this corrupt politician Mdluli.who has no knowledge or exsperience of Police work. "The higher the pole, the harder the fall!!

  • Innocent - 2012-06-01 18:07

    Mndluli saga it became a fale tale , at what such time will be proper follow legal preceding law .because it seem nobody know how to act against Richard Mdluli corruption,maladmistration and murde allegations against him

  • Bomb - 2012-06-01 18:42

    the usual dose of afternoon comedy...hahahaha, oh man, the puppets are ruling the masters.haaaaahahah, its hillarious, the anc and its government is falling apart, its so enjoyable to watch this circus.

      Lacrimose - 2012-06-01 19:17

      Well one thing's for sure, you can never be short of free, live entertainment in this country!

  • Bra Tebzaah Sibilanga - 2012-06-01 18:48

    What's with this man.It seems like he smear himself with vaseline so that he could escape justice like ananias mathe.damn this is getting boring.

      CharlesDumbwin - 2012-06-01 19:20

      something is wrong with this ANC regime and how they protect their buddies. something is VERY wrong ...

  • grace.andtruth.77 - 2012-06-01 18:48

    DOUBLE DOUBLE JEOPARDY??? Wtf.... Sounds like a movie yeah?

  • siyanda.myende - 2012-06-01 18:51

    F*ck this sh*t I'm going to Australia. First the SANRAL CEO \unresigns\ himself now this! No! We're not stupid, dear politicians.

      Christelle - 2012-06-01 19:01

      Haha - you remind me of two other posters (one a friend of mine who is constantly in trouble with his old man) Templeton and Vusi. Stay - Africa needs people like you........

      siyanda.myende - 2012-06-01 19:25

      This is just really frustrating. How can people shamelessly abuse power this way and get away with it? They're doing all of this while claiming to be helping the poor. They should just write \f*ck the poor\ on their big cars. It's fine cos the poor won't be able to read it anyway

      alansmartSnr - 2012-06-01 19:32

      ..@ syanda.myende.. No disrespect or attack meant..You'll never make it to Australia. (or New Zealand). They have extremely high standards to be able to qualify My nephew is a specialist aeronotics engineer and his wife a highly qualified (doctorate) in education and it took them 8 months to emmigrate. They (New Zealand) are not very colour friendly..They have their own racial diversity which they are proud of .. no racisisme there.

      siyanda.myende - 2012-06-01 20:04

      Siyanda, they're just making things up as they go.\r\n\r\nAlan, I'm just speaking out of anger and frustration. I'm not planning on leaving my home country, least of all to Australia. I know you meant no disrespect, but I can make it anywhere I want to.

      Christelle - 2012-06-01 20:33

      Siyanda X2:-) There are many rightminded thinking African people posting on this forum. I wrote sometime earlier about the unrealistic democracy in our country. You have the government quite comfortably and being fatcats, knowing that the masses will keep them in power - some voting out of solidarity with the struggle, some voting because they simply do not know better, some voting because they are being bs'd by the government. This would NEVER be allowed in a proper democracy. If I vote for a party today, and they don't deliver, sorry, you will not get my vote again. And THAT keeps ruling parties on their toes in proper democracies.

      siyanda.myende - 2012-06-01 21:10

      Christelline, I'm 21 and I'm student. I want to move on cos I want to make a better life for myself. I was fortunate enough to have a family, not a regular family (no mom or dad, just my grandma, aunt and my brother) who didn't spew their hate and racism to me. This country will never move forward cos you have white parents telling their kids that black people are lazy and dumb, you have black parents telling their kids that white people are evil, racist and oppressive.

      Sharon - 2012-06-01 21:18

      @ Siyanda - I hear the YL is looking for a new leader. I think you should apply, you could do wonders for the people in this country :-)

      TSOTSI Smilification - 2012-06-01 21:27

      Blah... Shm... why did someone bring up race here... :( Siyanda... it's not that hard to go to Australia... but I would advise against... sheep shaggers and criminals :( I lolololololol.... In any case.. don't feel awkward when you post here as a black person... normally the whites here look out for black people because they are normally trolls spewing cANCer propaganda! If you are a black person who agree with them... then all go "well said" or "Wish we had more Africans like you." It actually shows you how little sane minded black people post on these forums because the whites have no exposure to people like you. It's like a treat to them. ILOLOLOLOT Just saying!

  • Vic - 2012-06-01 18:55

    This is a bloody joke! Any foreigners following the story would find it laughable. And Zuma sits back as though nothing is happening.What a useless president.

      Lacrimose - 2012-06-01 19:19

      Ah but we know JZ's response already "we must allow the law to take its course and cannot interfere"

      Godfrey - 2012-06-01 19:22

      @Vic...that's why I coukd not stop laughing at Zuma, speaking at NUM's meeting "There are people who say I dont know what to do, I know what I am doing" LOL

      mundu.olewega - 2012-06-01 19:43

      It would be impossible to follow this story. Even Monty Python would have trouble following the logic here.

      Vic - 2012-06-01 21:13

      Lacrimose, right on, but we know how long the law takes.... forever! Godfrey, I had a damn good laugh as well. If he knew what he was doing, why are we in so much crap?

  • Clive - 2012-06-01 18:57

    What a farce. But with a justice minister like Radebe, who's screwed up every portfolio he's occupied since 1994, what else can we expect. The shambles over the Sexual Offences bill is another example of his utter incompetence. And probably no one in the ANC - least of all Jake - will even feel embarrassed over this. A laugh a minute, except it's not even remotely funny.

      Clive - 2012-06-02 09:31

      Would the thumbs-downer please tell me what is not true in what I wrote.

  • grace.andtruth.77 - 2012-06-01 18:58

    Zuma can be the spear... Mdluli the SMEAR hahaha!!! Let's March! If the General can do that stiff he does so can we! After all 'we lead by example'. (Sarcasm) I hope the rest of the world puts sanctions on us again. Maybe people will wake up

  • Hudayfah - 2012-06-01 18:59

    Is it April 1st?

  • Stewart Croucamp - 2012-06-01 19:00

    In the early days before christianity came into being, those disobeying the law were stoned to death. Now we look the other way. Human rights organisations have made a mockery of the law .We watch in amazement as the guilty are placed in positions of power. We are pawns of the corrupt.

  • jaysonpaul.beckwith - 2012-06-01 19:01

    Mdluli makes sand look intelligent.

  • Tolo - 2012-06-01 19:06

    Next it will b cele...mark my word

  • Tolo - 2012-06-01 19:07

    Next it will b cele...mark my word

  • sigqibom - 2012-06-01 19:07

    The man who can't be held down.

  • sifiso.wisey - 2012-06-01 19:11

    Why am I not suprised.?

  • Godfrey - 2012-06-01 19:17

    This is the best prt for me "Mdluli's application went unopposed by lawyers for acting police chief Nhlanhla Mkhwanazi, who appeared to have been under the impression that the case would only be heard on Monday"

      Dee - 2012-06-02 01:25

      Yes, but the case was set for Monday. Mdluli lawyer 'pulls strings' to have the case heard on Friday. The State Prosecution not made aware of change - nor given an option to say no. This is sinister and extremely out of order imo. Which citizen gets to demand a change of court date to achieve a 1 sided hearing?

      Clive - 2012-06-02 14:56

      Given Mdluli's (alleged) history, perhaps he bribed or theatened someone in the labour court to hear the case immediately and find in his favour.

  • louis.langenhoven - 2012-06-01 19:18

    and Mthetwa says he wants the public to respect the police...the very highest echelons simply CANNOT get something as simple as a suspension right,,,

  • sandy.langenstrass - 2012-06-01 19:20

    The weakness of the anc to deal with this nasty individual...is S.A's down fall....it's sicking to watch this rubbish.

  • gcj.wood - 2012-06-01 19:24

    Double, Double Jeopardy? Does this mean he's on Double Secret Probation??LOL

      Robert - 2012-06-01 19:44

      Wow double, double jeorpardy??? lol come on mdluli.

  • ec.van.niekerk - 2012-06-01 19:42

    hoe korrupter hoe hoer die pos in die staat se diens

      Pro - 2012-06-01 19:46

      that is SO true!!!!! The bigger your crimes, the higher your post will be in parliament.

      Pro - 2012-06-01 19:53

      Shortly stated. The ANC is a government funded institution that allows you as a criminal to advance to the next level.

  • Joel - 2012-06-01 19:47

    People must understand that this has got nothing to do with zuma,he trust our justice system and lets do the same.

      tumelo.mabua - 2012-06-01 19:51

      If only he was subjected to the justice process!

      Pro - 2012-06-01 20:06

      mmmmm. Zuma trusts our justice system? That to me means I MUST NOT TRUST our justice system. Want to have peace on earth/go to heaven/meet you long lost ancestors/get to the 77 virgins that was promised, do exactly the opposite of Zuma and his comrades.

      nettie.potgieter.5 - 2012-06-01 20:19

      You must be joking.

      Erna - 2012-06-01 20:26

      How can you trust this circus? Its because Zuma trusts the system that I don't!

  • vivian.harris.73 - 2012-06-01 20:00

    We must be an international joke....If u black and connected with the ANC u above the law...

      Jan - 2012-06-01 21:00

      White and connected too- have you forgot about Brett Kebble? Lolly Jackson? Derek Hanekom? The European companies implicated in the arms deal like Daimler Chrysler?

      vivian.harris.73 - 2012-06-01 21:08

      And who were these men doing business with? How many of those government officials are doing any jail time?

      Jan - 2012-06-02 10:07

      My point is you have a country that is 80% black so please do not be unrealistic and expect them not to have larger number of criminals. Whites are also corrupt and are criminals. But the chance of a white being a criminal is less likely - how many uneducated/desperate whites do you know compared to the black population. We need to be realistic and stop spewing hatred.

      vivian.harris.73 - 2012-06-03 07:56

      I do agree with u there Jan, but think u misunderstood me.There are criminals of every race out there, jails are full of them. Its the government officials I was referring to.

  • Bheki - 2012-06-01 20:01

    Its a joke mdluli back again? Kuyadlalwa

  • matsieddy.malebatso - 2012-06-01 20:02

    I give up.

  • Ayanda Excellent Mpisane - 2012-06-01 20:03

    What is wrong to our criminal justice

      Lacrimose - 2012-06-01 20:45

      From a legal perspective, Mdluli is within his rights. How the Courts Registrar failed to notify or gave the Prosecution bad information will be part of another investigation. So this decision could be overturned. Of course this will turn out to be a clerical error and there was no intention to pervert the course of justice

  • Peter - 2012-06-01 20:05

    And now, Mr Minister?

  • Leroy - 2012-06-01 20:20

    What does this man do anyway? Does he even know his left foot from his right ?

  • keith.ngobeni - 2012-06-01 20:21

    Next on line to get his job back is Jackie selebi watch the space he will come with the court order demanding his job back, in south Africa crime pays very well that's why all south Africa's top criminals hiding in our parliament are billionaires and multi-millionaires.

  • hendrik.coetsee - 2012-06-01 20:22

    What a oxygen thief. But what else do we expect, he is just following in the footsteps of the 'leader'. SA is not a Banana Replublic!

  • Barend - 2012-06-01 20:25

    I am very surprised that he actually still wants his job. As soon as a court finds him guilty he will be getting the shaiks like Beki Cele.

  • andree2 - 2012-06-01 20:31

    Thx SA.. U always keeps me amazed.. Nt in a good way though. Anarchy I say, anarchy..

  • Zahir - 2012-06-01 20:37

    The anc can't get a simple suspension right. What hope is there other major issues like health education can be adressed? SA is a sinking ship with no captain on board

  • Sam - 2012-06-01 20:37

    when I follow this saga Mamphele Ramphele the so called inntellect of this world forwarded a petition to have Mdluli suspended, we saw this as a sort of embarrassment for Ramphele and her DA loyalists. Today the court of law has ordered the SAPS to lift Mdlulis suspension, with immediate effect, the question is, what picture do we get from DA and Ramphele , what picture do we get from DA should they come into power , is this what we will see employees treated, without taking cognisance of Labour Relations Act. We said it again and again that watchout of DA the country will go back to apartheid where human rights were nt known. Coming back to PPs findings Thuli was on SAFM recently , she indicated that 4 improper procedures wre followed in issuing of TBWA tender, yet Hellen Zille goes out to mislead the public that everything was in order. The TBWA case is very similar to what Cele has done , he did nt follow the procedures yet the commission recommended to be fired , where is fairness,and equity here Again TBWA is nt a BEE beneficiary , advertising isnt a scarce skills competency , there are lot of black women and unemployed graduates who can do this function, black people lets stand up and stop this DA people ASAP

      Bless Boswell - 2012-06-01 20:44

      Why do you guys still need BEE? 18 years later? There are only 5m whites against 45m blacks. Are you really do intimidated. H us that you have to be protected in the workplace? Come on ... out of work advertising people are probably out of work because the's someone better that got the job.

      sandy.langenstrass - 2012-06-01 21:47

      @Sam...why try to show up the Da for correctly asking for Mdluli to be suspended....are you forgetting "YOUR MALEMA" has been shouting even louder than the DA.....something you must never forget....educated and people with decent morals....in the end get their day to shine.

  • Bless Boswell - 2012-06-01 20:39

    We must be the laughing stock of the whole world Prez accused of rape Prez fathers out of wedlock child Prez implicated in corruption deal Minister's wife involved in drug smuggling Minister buys party clothes on gov credit card Limpopo premier claims over R400000 for use of private vehicle - when he already has 2 government vehicles - while Limpopo infrastructure crumbles Gauteng Premiere offers to pay hospital bills for child injured by blue light brigade and then welches on the deal Minister visits girlfriend in Switzerland jail and stays in plush hotels at state expense Minister buys artwork in burger joint for R10000 and fudges invoice to read R10000 worth of burgers Police chief guilty of receiving bribes Next police chief enters into property deal worth billions Security boss implicated in murder, nepotism and misuse of secret fund, suspended, reinstated, suspended and reinstated again. What's he got on whom?? Minister spends nearly R500000 on private accommodation while home being fixed. Prez's nephew being sued for R10m in unpaid bills Prez's nephew and Mandela's ? Relative found guilty of asset stripping mine and putting more than 5000 people out of work Prez's son sued for unpaid wedding bills - over R1m. Sanrals debts need paying, so government turns to the people to help them pay - after they have bled us all dry, and it's been proved that there are all kinds of scams involved with EToll. I'm sure everyone can add lots more. Does government actually care what people think? Is government aware that it has become a laughing stock of the civilized world? There is no place for the so-called leadership of South Africa in civilized society. They must step down. They are beyond the point of no return

      Jan - 2012-06-01 20:45

      With due respect Italian and French presidents where also accused of rape and orgies. And IMF chief accused of raping a black immigrant worker. SO happens all around the world mate.

      FinalJustice - 2012-06-01 21:38

      Bless (for SA) 75, Jan (rest of the world) 2. Well done you optimistic idiot ...

      Mbavhalelo - 2012-06-01 23:22

      That is being dumb Bless de world has problems and SA is not worse dan them. Even William Clinton had a scandal which saw him admit under outh of wrng o y

      Bless Boswell - 2012-06-02 00:07

      Yes bill Clinton did make a mess of things, but, how many times? Right, that deals with just ONE aspect of the prez, what about everything else? Is anyone going to fight for the ANC on those? You want SA to be among the big tourist attractions and enjoy a strong economy - well it's not going to - crime is chasing the tourists away and the poverty caused by the governments theft is driving us into the ground.

      Gerald Jordaan - 2012-06-02 07:25

      and then to top it all..the electorate still vote these fothermuckers into office! DUMB SH*TS!!!

  • nofikathiniskeyi.eunice - 2012-06-01 20:41

    isazela isazela sayaphi ebantwini Mdluli uyanyanzelisa ngoku hay inzima leee

      Jan - 2012-06-01 20:45

      Khuluma Nsingisi?

  • itani.given - 2012-06-01 20:56

    I thnk mdluli mst get another chance as others i knw dat evry1 had mstake but he shuld get a chance 4rm limpopo by itani given manganyi

  • Hannes Truter - 2012-06-01 21:51

    The living stock has become the laughing stock

  • Sylvester.Mohloli - 2012-06-01 21:58

    I am fast running out of excuses to keep on voting for these people, ckuf we all know the Nats were corrupt but even they didnt do it with such impunity, maybe they them bloody philosophers were right, "Some people are only alive because killing them is illegal", bloody Oxygen thieves!

      Mbavhalelo - 2012-06-01 22:57

      Sylvester we dont vote for de labour court judge. He is only doing his job and he must follow de labour laws sir

  • linda.visagie - 2012-06-02 06:06

    If everyone got booked off for high blood pressure...

  • michael.kleber.376 - 2012-06-02 08:29

    Of course his back at work , he is not finished lining his pockets , also wants his share.

  • edandchris - 2012-06-02 09:08

    Lawyers who do not know what the hell they are doing?????? Enough is enough bring in some lawyers who know their job.Stop wasting tax payers money.This applies to all of the on going cases in government at the moment.

  • Ntshobs - 2012-06-02 12:31

    Is it democracy at its worst or at its best? suspended-not suspended,suspended-not suspended,suspended again, not suspended!!!!!!!!!!!

  • nkosinathi.sinanda - 2012-06-02 17:46

    The rule of law slowly being replaced with dictatorship. I miss my president, President Mbeki.

  • siphiwom - 2012-06-04 11:52

    How did this Judge came to the decision to uplift the suspension of Mr Mdluli. Where is our president, he should give a robus direction to this matter once and for all.

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