Richard Mdluli: Comeback kid

2013-09-08 15:14

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Johannesburg - Notorious police spy boss Richard Mdluli - who pledged to "assist" President Jacob Zuma ahead of the ANC’s Mangaung elective conference – is poised to come back in from the cold.

City Press on Sunday confirmed that national police commissioner, General Riah Phiyega,  will this week lend her support to an argument that a North Gauteng High Court order barring Mdluli from returning to work should never have been granted.

The interim order was obtained last year by Freedom Under Law (FUL), in a court review of decisions by the National Prosecuting Authority (NPA) and the police to drop Mdluli’s criminal and disciplinary charges.

In what is her first substantive comment on Mdluli’s case, Phiyega has described as a "fuss" FUL’s concern about the dropping of the murder, kidnapping and assault charges against Mdluli.

These charges stemmed from the 1999 murder of Oupa Ramokgibe, who was gunned down while pointing out the scene of a previous attempt on his life to police.

At the time, Ramokgibe was married to Mdluli’s former lover and Mdluli was a senior police officer at the Vosloorus Police Station.

Last year, an inquest by the Boksburg Magistrate’s Court found insufficient evidence was presented to link Mdluli to Ramokgibe’s murder.

In her affidavit, Phiyega said the “[inquest’s finding] to me is a lesson to everybody that jungle justice cannot serve well in a constitutional state, especially where people can be tried and convicted in a court of public opinion before they are given an opportunity to defend themselves in a court of law”.

Phiyega said FUL “has no business whatsoever in interfering in the employment relationship that exists between [Mdluli] and the SA Police Service”.

But in his replying affidavit, retired Constitutional Court Justice and FUL chairperson Johann Kriegler said it was a “serious concern that a national commissioner can characterise public alarm at charges of murder and associated criminality against a key police general as a 'fuss'."

Kriegler said the inquest’s finding was not binding on the NPA and the serious allegations relating to kidnapping, assault and intimidation, which surfaced during the inquest, required “intensive investigation”, which had never been conducted.

 “I note the national commissioner has not seen fit to take the court into her confidence regarding disciplinary proceedings allegedly taken against Mdluli,” said Kriegler.

Police spokesperson Solomon Makgale said he couldn’t comment because of the pending court case and because Mdluli was still suspended.

 

 
Read more on:    police  |  riah phiyega  |  jacob zuma  |  johann kriegler  |  richard mdluli
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