Mdluli set to appeal FUL interdict

2012-06-21 12:52

Suspended crime intelligence boss Richard Mdluli is set to appeal the North Gauteng High Court order which prevents him from working as a police officer.

Mdluli’s lawyer in his labour court matter, Graham Moshoana, told City Press that Mdluli had filed papers challenging the order obtained by rights group Freedom Under Law (FUL) against him.

Today, in his labour court matter, Mdluli “stood firm” that he was never notified of his suspension, despite being accused of playing a game of “cat and mouse” to avoid it.

The Johannesburg Labour Court heard that police had “snuck” in a letter from acting crime intelligence head Fanie Masemola confirming that Mdluli was notified of an intention to suspend him.

Graham Moshoana, Mdluli’s lawyer, told the court that it was “Mdluli’s version that (the letter) is a fabrication”.

Moshoana said the “central bone of contention” between the parties was a meeting between Mdluli and Masemola that occurred on May 15.

While Mdluli alleges the two met for over two hours to discuss work matters, the police claim that Mdluli was served with the notice of intention to suspend him.

The court today heard testimony which confirmed a City Press report of three weeks ago, that Mdluli told Masemola he would consult with his lawyer and then sign to acknowledge receipt of the papers.

After this, Masemola alleges that he could not reach Mdluli and was forced to write the letter confirming his suspension on May 17.

It is this letter that Moshoana today questioned in court, pointing out that the receipt of the letter was not signed.

“Masemola could have simply asked, sign this, take your copy and consult with your lawyer,” said Moshoana.

But William Mokhari, appearing for the police, said Mdluli’s version was so “far-fetched” it deserved to be dismissed.

He said that Masemola must really have had “something against (Mdluli)”.

In his affidavit filed in the matter, then acting police commissioner Nhlanhla Mkhwanazi accused Mdluli of playing a game of “cat and mouse” to avoid his suspension.

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