News24

Mdluli's lifted suspension questioned

2012-06-02 23:05

Johannesburg - Crime Intelligence boss Richard Mdluli's suspension would not have been lifted if there was knowledge about factual misrepresentations that had been made, the Johannesburg Labour Court heard on Saturday.

"It will be argued that there was error...certain factual misrepresentations were made to the court," said attorney SC William Mokhari, for acting national police commissioner Nhlanhla Mkhwanazi.

He said all the parties involved in the case were informed on Thursday afternoon that the matter would be heard on Monday, June 4.

"But, there were behind the scene activities...and at 15:20 on Friday, a mysterious court order surfaces and the suspension is lifted."

"The order was improperly obtained by the respondent [Mdluli] behind the applicant's back."

Mdluli was granted an order lifting his suspension by the same court on Friday, despite the absence of SA Police Service lawyers in court.

The SAPS brought an urgent application less than 24 hours later to have the order set aside.

Mdluli was suspended for the second time on Sunday by Mkhwanazi.

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

Grossly irregular

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

This year, all the charges were withdrawn and Mdluli was reinstated in March. This was widely criticised by, among others, the Democratic Alliance and lobby group Freedom Under Law. Police Minister Nathi Mthethwa later moved him to a different division but Mkhwanazi subsequently opted to suspend him.

In an affidavit filed at the court, Mokhari said the circumstances surrounding Friday's application was "grossly irregular" and bordered on fraud and fraudulent misrepresentation to the court.

"The application was set down for 4 June 2012...that was overtaken by the ruling of this court," he said.

The matter should not have been heard as Mdluli's counsel should have acquired consent from all the parties before going ahead with the case, he told the court.

"It cannot be done unilaterally."

Mokhari further submitted that Mdluli's attorney of record was Ike Motloung up until Saturday morning.

"For some inexplicable reason Mr  [Graham] Moshoana comes into the picture, but not to the knowledge of the applicant or the other attorney."

Motloung was seen sitting in the Labour Court's public gallery on Saturday observing the case.

Moshoana told the court the application by the SAPS was not appropriate as it was based on "unfounded allegations".

He submitted that the matter was not urgent and that there was an "alternative remedy".

The Johannesburg Labour Court reserved judgement in an application by the SA Police Service to have the lifted suspension of Crime Intelligence boss Richard Mdluli set aside.

Judgement would be handed down at 10:00 on Sunday.

Mdluli was granted an order lifting his suspension by the same court on Friday, despite the absence of SAPS lawyers in court. Less than 24 hours later, the SAPS brought an urgent application to have the order set aside.

"Why should this court be troubled with this?...They must show us why this is urgent," he said.

"Why should we be here on a Saturday afternoon arguing this matter. I submit that it is not urgent and should be struck off the roll."

Moshoana also noted that the SAPS lawyers were given an hour and 15 minutes notice before Friday's application was heard.

Comments
  • Theo - 2012-06-02 23:34

    And they call our Judiciary fair and just when it comes to the top brass .. Mdluli is protected from all angles, clearly he have someone very high up by the b#lls. Sick !

      Sean - 2012-06-03 02:37

      Simple- Welcome to AFRICA !!!

      Oscar - 2012-06-03 06:21

      Sean, couldn't have said it better myself.

      Hugh - 2012-06-03 08:06

      Consider that these criminals have the states resources at their disposal, crinals are known to use ever trick UNimaginable to be proven innocent. They have no concious. Imagine where this country could be if just half the government could put the same energy and brain power into running the country and not trying a fast one at every turn.

  • Lacrimose - 2012-06-02 23:40

    So now there will be a Judicial Board of Inquiry as to how this changing of dates/disinformation occurred and how a Labour Court Judge did not find it suspect that the Prosecution (SAPS) was not present. When the "Friday Ruling" is finally found unlawful, Mdluli will again be suspended. Meanwhile, a number of other suits will be filed by Mdluli's attorneys based on Friday's ruling in their client's favour, snarling up the entire judicial system until the "Friday ruling" is resolved. This should take to around August/Sept or even Oct to resolve. Following on from this, the inquest in September - murder of Oupa Ramogibe - will be postponed, pending all these other issues. No doubt the inquest will be pushed to the end of the year or even 2013, by which time all the witnesses and evidence for that inquest will have disappeared. So around Feb/March of 2013, Mdluli will have his job back and be totally exonerated and welcomed back. Unless, of course his dangerously high blood pressure forces govt to put him on sick leave and later early retirement.

      linda.visagie - 2012-06-03 06:14

      Yes and who will be paying for all that? The South Afican Tax payer.

  • lownabester - 2012-06-02 23:41

    Are they mad!!!! Well this will not last long, He is so corrupt, Jail will be to good for this piece of rubbish.

      Lacrimose - 2012-06-03 00:18

      Yes they are mad - mad on power and it could last very long - all the way until the next elections in 2014.

      Scouter - 2012-06-03 04:55

      By which time SA can forget having any kind of Freedom of Information and worse ...... any kind of Freedom of Speech

  • keith.ngobeni - 2012-06-02 23:57

    another dangerous toxic acid refusing to be washed out, Richard mdluli do south Africans a favour go and throw yourself on that deadly white sharks infested beach in the eastern cape province we are sick and tired about your criminal activities.

  • Sisa - 2012-06-03 00:51

    This is MUTHI people . Mdluli Sangoma is very good .Lol

      Sean - 2012-06-03 02:37

      lol

  • Erna - 2012-06-03 01:00

    I hope that someone is watching Mdluli. Otherwise evidence, either documentation or alive, may conveniently disappear!

  • Cuanita Gevers - 2012-06-03 01:20

    If he is so very innocent why doesn't he present the figures and invoices on the money he spent so innocently and exhonerate himself that way....big hoo haa why?

  • lhensby - 2012-06-03 03:34

    Once again intelligence is so ironic don't you think?

  • jaysonpaul.beckwith - 2012-06-03 03:50

    This is bordering on ridiculous. They say, the bigger the stink,,the bigger the a@@hole. Mdluli is under the impression that his farts smell like rose's. Fess up mr smelly pants. We all know your are guilty.

  • Yar - 2012-06-03 04:05

    What about the murder charge?

  • Danie - 2012-06-03 05:25

    Ob shame , why not leave in a three year tax payer payed holiday, before the inevitable happen? Could it be that its a desperate attemp by him to stay witin the system to help Zuma rob SA blind?

  • Charles - 2012-06-03 05:31

    What a farce this ANC government has become. From Nelson Mandela to a bunch of idiotic thugs.

  • mpho.phahlane - 2012-06-03 06:43

    The legal representative of General Mdluli also promote corruption and I wonder how could the labour court proceed with the hearing of General Mdluli`s application hearing without proper consultation with the state lawyers.People who are suppose to stop corruption are practising it without remose

      Clive - 2012-06-03 15:04

      So right, pal. Most lawyers will do anything for money, and they wonder why society in general holds them in such low esteem.

  • vernon.samuel.7 - 2012-06-03 07:09

    Well if anyone still wanted proof that Mdluli is corrupt, then this is it. This action is of a person that is shady, deceitful and dishonest. Did he really think that he was going to get away with it? His argument was that the weekend media was going to further soil his name and reputation if he was not reinstated!!! Haha job well done Mdluli! Head of crime intelligence? Should be just crime, because you surely lack intelligence.

  • whoowhoohoo - 2012-06-03 07:42

    All I want to know is : How big was the bribe paid by Mdluli and to how many members of the so-called court.

      Ta.Lepzen - 2012-06-03 09:10

      Here's a fact Mduli is/was boss of crime intelligence in my opinion of which I stand to be corrected, I think there must be damaging secrets that he knows about senior members of goverment/police force

  • John - 2012-06-03 07:52

    You know what? STOP your bullsh1t - we have had enough of your smoke and mirror nonsense. You might be able to con the sheeple but Joe Citizen sees past all your cr4p. It is time that the courts did what they were supposed to do and not protect the criminals. Give Mduli his fair day in court but at the same time be fair to us too.

      paulgerber969 - 2012-06-03 08:26

      This cat has nine lives!

  • Clive - 2012-06-03 08:54

    Given Mdluli's (alleged) history, would it be unreasonable to suggest that certain very unpleasant threats were directed at the labour court official(s) involved in the hearing?

  • WitWolf - 2012-06-03 09:20

    "But, there were behind the scene activities...and at 15:20 on Friday, a mysterious court order surfaces and the suspension is lifted." Money talks and......

      Bafana - 2012-06-03 10:06

      lifting the suspension was unlawful and I feel there is a fear from some top cops including the commissioner of the saps that mr mdluli might spill the beans on them and it is clear that the court of law find no case against the man and all this are politically motivated and what's wrong with hiring family and freind if they qualify for jobs anyone can make a plan for family .

      Bafana - 2012-06-03 10:06

      lifting the suspension was unlawful and I feel there is a fear from some top cops including the commissioner of the saps that mr mdluli might spill the beans on them and it is clear that the court of law find no case against the man and all this are politically motivated and what's wrong with hiring family and freind if they qualify for jobs anyone can make a plan for family .

  • billidp - 2012-06-03 09:23

    EISH!!! THIS lifting of his suspension in this way just PROVES his guilt and the ineptitude of the Judicial System!!! FIRE the judge!! FIRE Mdluli!!

  • georgebrightons - 2012-06-03 09:31

    All secrets from present and past regimes. Damning corruption in former apartheid SAP and current SAPS. Give him a platform for a press conference, we will hear the truth and nothing but the truth! I am afraid many will go down with/without him!

  • georgebrightons - 2012-06-03 10:56

    Golden hand-shake please! Let's continue with service delivery and job-creation!

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