Ramphele takes Mdluli matter to court
2012-05-15 18:15
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Police
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Adriaan Basson, City Press
Johannesburg - Dr Mamphela Ramphele, the former vice chancellor of the University of Cape Town and former managing director of the World Bank, will lead a legal charge to prevent controversial policeman Lieutenant General Richard Mdluli from performing any policing duties.
Freedom Under Law (FUL), a legal lobby group led by retired Constitutional Court judge Johann Kriegler, launched an interdict application against Mdluli and Police Minister Nathi Mthethwa on Tuesday.
Ramphele is a member of FUL’s international advisory board.
In her affidavit before the North Gauteng High Court, Ramphele points out that both former police chief Jackie Selebi and current police boss General Bheki Cele were suspended on lesser charges.
Not enough
Mdluli was moved sideways by Mthethwa last week after the minister instigated an investigation into conspiracy claims made by Mdluli in a letter to President Jacob Zuma.
Mdluli was moved from the crime intelligence unit to the police’s operational division, but Ramphele argues this is not enough.
“Patently [Mdluli’s shift] does not resolve the problem caused by General Mdluli’s reinstatement [after being suspended], and his far-reaching claims of conspiracy.
"By his conduct, the minister accepted that there was a need to act, but has not initiated suspension proceedings, or any other measure which would remove General Mdluli from active daily service in SAPS ... He remains vested with the authority of his rank ... able to exercise the powers vested in a police general under the Police Act and related legislation,” Ramphele argues.
Partial and selective treatment
She claims that Mdluli has received “partial and selective” treatment from Mthethwa – himself implicated in the looting of a R200m crime intelligence “slush fund”.
The urgent application has been set down for June 5, but FUL’s lawyers will approach the court to seek an earlier date.
In her affidavit, Ramphele refers to affidavits by Hawks investigators who investigated Mdluli for murder and fraud.
Mdluli was controversially reinstated as crime intelligence boss in March after both murder and fraud cases were dropped by the National Prosecuting Authority.
He is accused of nepotism, fraud and corruption and is currently under investigation by the inspector general of intelligence, advocate Faith Radebe.
“The way in which General Mdluli had been dealt with by the respondents [Mthethwa] reflects an extraordinary degree of a lack of accountability and a breach of a culture of justification under the Constitution which our courts have sought to impose on those who exercise public power,” Ramphele states in her affidavit.
