Mdluli to know his fate today

2012-06-02 19:31

The Johannesburg Labour Court will rule this morning whether former crime intelligence boss Lieutenant-General Richard Mdluli will be suspended from the police – again.

Tensions ran high yesterday during an urgent application brought by the police, during which lawyers acting for the cops alleged that “behind the scenes” tactics were the reason Mdluli was granted an urgent court order on Friday that lifted his suspension.

In court papers, the police accused Mdluli and his lawyers of misleading the court “fraudulently”.

William Mokhari SC, appearing for acting police chief Lieutenant-General Nhlanhla Mkhwanazi, said that “certain factual misrepresentations were made . . . If they were not made the court wouldn’t have given the order.”

Mokhari said Mdluli’s lawyer, Ike Motloung, had been the attorney dealing with Mdluli’s labour court matter all along, and a court directive showed the matter would be set down to be heard on Monday.

“For some inexplicable reason on Friday, Mr Graham Moshoana comes into the picture (and) comes into the picture not to the knowledge of (Mkhwanazi) or the state attorney,” said Mokhari.

It appeared that Moshoana, who represented Mdluli on Friday, was appointed only that morning. He then sent a fax confirming his appointment to the state attorneys in Pretoria.

Mokhari said this was done despite the Joburg state attorneys office being the attorneys of record for the case. They were given less than two hours’ notice that Mdluli had appointed new lawyers.

Mokhari said Motloung was also unaware new lawyers were appointed.

But Moshoana argued it did not matter that the notification of his appointment was sent to Pretoria. He pointed out that they had contacted the Joburg office about the case.

Judge Andre van Niekerk questioned Mokhari about this, saying it was not unusual for an application in the labour court to be brought forward.

But Mokhari responded that Labour Court Judge Edwin Molahlehi would not have made the order if all the facts had been put before him.

Moshoana, appearing for Mdluli, began by arguing that the matter was not urgent because Molahlehi’s judgment included a clause which would allow the police to challenge the order in any event.

“Why have they troubled this court?” he asked.

Mdluli Timeline

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