Court rules against Mdluli

2012-06-03 11:00

Johannesburg - The Johannesburg Labour Court on Sunday ruled in favour of the application by the SA Police Service to set aside the lifting of the suspension of Crime Intelligence boss Richard Mdluli.

Mdluli had been granted an order lifting his suspension by the same court on Friday, despite the absence of SAPS lawyers in court.

On Saturday, the SAPS brought an urgent application to have the order set aside.

Attorney William Mokhari SC, for acting national police commissioner Nhlanhla Mkhwanazi, argued that the order granted to Mdluli was questionable as it was obtained "improperly" and may have constituted fraud or fraudulent misrepresentation.

In court papers, he said the order was secured under circumstances which were "grossly irregular, and bordered on fraud and/or fraudulent misrepresentation... to the court."

Mokhari questioned how the court could have ruled on the matter when the case had been set down for June 4. He said all parties involved in the case were informed on Thursday afternoon that it would only be heard on Monday.

Such a case should not have been heard without the consent of the other parties, he said.

Faced a murder charge

Mdluli was suspended for the second time on last 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.

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This year, all the charges were withdrawn and Mdluli was reinstated in March.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 Mdluli to a different division but Mkhwanazi subsequently opted to suspend him.

  • Vic - 2012-06-03 11:12

    Is this for real, or might there be another twist? Episode 15 of the Mdluli Saga will be coming to a screen near you soon!

      Vic - 2012-06-03 11:51

      Leonard,read the article and I'm with you 100%.

      Frederik - 2012-06-03 12:11

      So the mad house of the ANC continues.....What a shambles this country is. We must be the laughing stock of the world.... With shower head-spear-herd boy leading us.....Think we are way past the point of no return....

      Jan - 2012-06-03 12:38

      Im NOT a "comrade" and I do not know what "vituperative" means. Stop acting like such an intellectual. You always harp on about negative things in all your posts. What are you taking for your hypertension? Anyway I digress, people are quick to blame the ANC when things like this happen, but have any of you stopped to ask yourself WHY do black people keep voting for ANC? Its because as long as white people continue to hold hateful views they will NEVER trust a white man to run this country and risk going back to apartheid. TO them a corrupt black govt is better than a hateful white government. We need to work together with all races and as brothers we can take our country forward and weaken the power the ANC has over the people. If more white people start embracing our black brothers in a common struggle we can defeat the corrupt ANC government.

      Alf - 2012-06-03 12:39

      Mdluli Soapie titled "The Dumb and the Useless!" Just fire the bastard and lock him up! I am sure with a bit of effort grounds for firing him abound.

      John - 2012-06-03 12:57

      @Jan. only concern that I have with comments similar to yours is that any multiracial party will have white people in them. By implication of what you say, majority of black folk won't trust that party. DA is not the national party (note: I am not a DA member), but a multi-racial party. By the mere fact that a white woman leads it, it is seen as a white party. If a black person is promoted to a position of leadership in the DA, other black people see that promoted person as subservient to a 'white master'- take Ms Mazibuko for example whom is highly educated and qualified. So it's a damned if you do and damned if you don't situation. If you're honest with yourself, ANC uses apartheid and race fear to make any black person distrustful of any white person taking part in the same party ie unless it's an exclusively black party, that party will not be accepted. For the majority of ANC members, them saying they want white participation is merely lip-service, and that in itself causes endless frustration. That is why black people keep voting for ANC - they want an exclusively black party because they don't trust whites. The ones that do are rejected by their own people. So sure, there are white racists that hold hateful views, but that minority is not solely to blame, if blame is to be allocated.

      Jan - 2012-06-03 14:02

      Leonardb1 - I can comment wherever I want - this is a free forum. I only asked what are you taking for you hypertension - if by this is where I "claimed" to be a certain profession then you are delusional clearly. I dont mind getting a dictionary but i deliberately didnt because you claimed that only "comrades" wudnt understand that word - clearly even white people do not understand that. You are a racist - finish and klaar. Your only aim is to destroy this country judging from your comments. Get out of your laager mentality and welcome to the real world.!

      Jan - 2012-06-03 14:05

      5centsWorth - Sure but we can sit here and be known as WHINERS, COMPLAINERS and etc or we can do something positive and find solutions to our problems. By have a laager mentality we remove ourselves from the majority and they will continue to distrust us. We need more "team bulding" exercises between races so we can develop trust and look beyond race. Heres to taking our country forward and making it great with people of all races united.

      John - 2012-06-03 14:41

      @Jan: the forums help people not only voice opinions but air frustrations (I'm sure you may have noticed). As far as inter-racial team building on a grand scale, it is easier said than done. When political leaders are using fear of apartheid, and accusations of racism at every drop of a hat, it is difficult to get any message across to blind and mostly ignorant followers. The masses are mostly uneducated, so I don't place much fault in them - I blame the leaders for being so irresponsible on what they promote for clearly personal gains in power and wealth. When racial tensions were at it's worst in '94, one man showing leadership and vision was able to promote reconciliation and avoided a civil war. Can we say the same of today's leaders? I didn't agree with all Madiba's politics, but I respected him as a leader and man of vision. I even respected Mr Mbeki and his ability to keep economic stability. I cannot say the same for today's uneducated thugs. In my own personal circle of influence, I have been fortunate to study and work with intelligent black folk with integrity - these hard working people are the polar opposite of the troglodytes in ANCYL. All I can do is promote those working relationships as my bit to move forward from the past.

      Jan - 2012-06-03 15:31

      5centsWorth - Good on you mate. I no ANC supporter or sympathiser though. Just saying we need to think positive or negativity will consume us and we all lose - black n white. Leonardb1 - Go take your hypertension meds and stop stressing about your comment being deleted.

      John - 2012-06-03 15:36

      I hear you boet :)

      Bob - 2012-06-03 16:19

      Don't worry @Leonardb1...I get many CLEAN posts deleted by the moderators...! Seems the ANC ideology and influence has infiltrated them as well!

  • louis.langenhoven - 2012-06-03 11:13

    clearly even the courts are now involved...where do we go from here?

      Bob - 2012-06-03 11:34

      Precisely @louis, clearly the judiciary is biased or and being influenced by higher authority within the ANC, neither which is acceptable and this should be investigated thoroughly…!

      Ta.Lepzen - 2012-06-03 13:41

      @ Bob, who's going to investigate who? Remember we still waiting for Zuma to tell us if Cele is fit or not to hold office, there will be many investigations

  • Bob - 2012-06-03 11:13


  • mohalevincentshai.shai - 2012-06-03 11:19

    Now close to exit.

  • Nomfundo - 2012-06-03 11:20

    The ANC circus never stops!! Looking 4wad 2 more acrobats. Mdluli is gone; he must stop wasting tax payers money. Zuma must look 4 another candidate that wil ensure that he's re-elected 4 the 2nd term; can't he get it!!!!

      Vic - 2012-06-03 11:24

      Nomfundo,Zuma certainly won't be short of candidates!!

      Keith - 2012-06-04 07:50

      Where can he find one who is corrupt, a thief and a murderer? they are not easy to find and anyone lacking one of those talents will be unsuitable.

  • lownabester - 2012-06-03 11:22

    Amen!!! Hope it stays this way.

  • jaysonpaul.beckwith - 2012-06-03 11:25

    I hear Outsurance are looking for points man. I just hope he has a scooter license.

  • Tsotsi-Baby - 2012-06-03 11:26

    Where is Irene?

      Marco - 2012-06-03 11:34

      dunno ,but i'm here ,my butt is too ,and then i'm away again

  • Paddy - 2012-06-03 11:28

    A laughing stock....all the way to the bank.

  • okoronkwojohn - 2012-06-03 11:28

    Nine dead in South Africa bus crash,

  • okoronkwojohn - 2012-06-03 11:30

    Nine dead in South Africa bus crash,

  • Gary - 2012-06-03 11:30

    Something is fishy here?

  • boykie.nkosi - 2012-06-03 11:30

    They want to screw him up, lets see the next move on merry go round

  • muzi.gilintaba - 2012-06-03 11:32

    I wonder when r we gettinng an end to this Mdluli saga! It has been goin for much too long nw! Let's see an end already plz!

  • david.lebethe - 2012-06-03 11:40

    I don't understand how did it come about that the court granted Mdluli ruling when the application is opposed and there was rule nisi on the matter? The fact, that the matter had to come to court for the second time, is indicative of incompetence of our judges on the bench. Apart from that the mistake is grave, it is also an indictment of our judicial system. This is one matter that Chief Justice and the Judicial Commission should investigate and reprimand those involved (including, the judge concerned). You wonder for how long has it been the practice in the Labour Court and how many other innocent people were affected by similar decisions? I bet you, the results would not have changed had the State not been one of the parties. Some of us know a lot about that court and I am sure my colleagues can say about other courts as well.

      paulgerber969 - 2012-06-03 11:51

      Or corruption

      alansmartSnr - 2012-06-03 18:25

      ..@ david.lebethe..You obviously dont know anything about the rules and protocol of the court. Mdluli lawers, fraudentlly made a urgent application to the court to have confirmation of his suspension overturned. They were supposed to inform the State (police) of the date of the hearing..Saturday. They did not (this boarders on fraud) and the result was when the urgent case was heard, none of the complainants were present in the court. By default then, the applicants automatically get judgement in their favour which meant that the case was judged in his favour, and the judge (reluctantly) had to lift his suspension. However, when it came to light (this morning Sunday) how he had fraudently mislead the court by not notifying the complainants,of the hearing, it was found to be out of order and the order that his suspension was cancelled, was summarily reversed. Me thinks that they could, for this very valid reason, even hold his (corrupt Mdluli) lawers to account for misleading the courts.

  • zolisa.dlokovu - 2012-06-03 12:04

    The Mdluli saga is a circus.Richard Mdluli is untouchable.This man is the one who helped JZ during his corruption case.tapes.that is why we wont hear a word from presidency

  • keith.recore - 2012-06-03 12:12

    Despite Police commissioner Mkhwanazi's efforts, on appearance, to get this right, we will probably see soon more information on Mkhwanazi to discredit him and the saga will continue. This process at the top should be a shining example of how to get the process right and fair, so those at the "bottom" could have hope in the process. Instead, well so far it speaks for itself, chaos, sham, ridicule and quesionable judgements before all the facts. Maybe this time???

  • sebatane.senyori - 2012-06-03 12:16

    mdluli the next selebi,watch this space.

      Daan - 2012-06-03 12:44

      Or the next SERIOUSLY ILL GOLFER?

      alansmartSnr - 2012-06-03 18:28

      Lol and LOL again Daan

  • Jeffrey - 2012-06-03 12:24

    Sunday Times headline sums it all up: "What a circus".

  • Daan - 2012-06-03 12:41

    So here comes another malemasaga. Only this time it has a CSI twist. Where will it end? When will it end? I see no end to this stupidity. Me think to contact relatives abroad - now is as good a time as ever.

  • Michele - 2012-06-03 12:59

    Yay another one for the good guys !

  • - 2012-06-03 13:08

    Arrest this thing

  • georgebrightons - 2012-06-03 13:12

    Last time ANC questioned the credibility of our judiciary, but alarms were raised that ANC is deviating from the constitution. The very same people today have attacked the judiciary(our judges) because the court has earlier ruled in favour of Mdluli!

  • bhulangwe - 2012-06-03 13:16

    imagine if President have listened to DA's fat Lindiwe

      Erna - 2012-06-03 14:18

      At least she's got brains which is something the president still has to reveal.

  • mngundu - 2012-06-03 13:31

    Let's watch the space.

  • Garth - 2012-06-03 13:42

    the black said to the white if you were grey i could have really liked you, and a murderer goes free, is it shame on you or shame on me, or is this a reflection of our society?

  • Clive - 2012-06-03 15:12

    More egg on government's face - a farce continua! And Jan, although I have some sympathy for what you say, I think it is time to stop makng excuses for this government. They wanted power, they said they could do the job, and they have had 18 years to get into the swing of things. But they can't stop seeing themselves as a liberation movement rather as a party in power. There is a huge difference between what those two extremes require.

  • Zahir - 2012-06-03 15:21

    This mduli case changes daily tommorow his suspension will be lifted by our big chief

  • Tolo - 2012-06-03 19:53

    When is this Circus leaving ....I think I m tired of laughing

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