Mokhari approaches JCC about judge

2013-10-28 21:57

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Johannesburg - Senior counsel William Mokhari laid a complaint of misconduct against Judge John Murphy with the Judicial Conduct Committee (JCC) on Monday.

"I have referred [the complaint] to them for investigation," he said.

"The JCC have acknowledged receipt and indicated that they will process it and investigate and let me know the outcome in due course."

He declined to elaborate.

On Thursday, Mokhari and Murphy argued in the North Gauteng High Court in Pretoria about whether former police crime intelligence boss Richard Mdluli should return to work.

Murphy was hearing an application by the SA Police Service (SAPS) and the National Director of Public Prosecutions for leave to appeal against an earlier ruling in favour of the lobby group, Freedom Under Law (FUL).

The ruling set aside a decision to reinstate Mdluli and withdraw criminal and disciplinary charges against him.

FUL did not oppose the application for leave to appeal, provided that the judge order that Mdluli not be reinstated pending the outcome of the appeal.

Mokhari, for the SAPS, argued that the proviso amounted to an application, which meant FUL had not followed court process.

Such an application needed to be filed correctly with the court, he said.

"I have never heard of an application, which is a substantial application like this... where a judge is already chosen," Mokhari said.

"This is an application which relates not to the order which has been granted by your lordship. It is an application which relates to an order granted by your brother [Judge Makhoba in 2012]."

Spat in court

Murphy asked if the national police commissioner was opposed to the interdict being kept in place.

"Does the commissioner want General Mdluli to go back to work?" Murphy asked.

Mokhari replied: "That is presumptuous and I will not respond to the question."

Murphy then asked: "How dare you say that to me Mr Mokhari? You are obliged to respond to me."

"It is presumptuous because it puts the carts before the horses. It will be improper for me to respond to that question," Mokhari said.

Murphy told Mokhari to "take a seat" and that he did not wish to hear him anymore.

Mokhari refused.

Murphy adjourned the court.

About an hour later, Deputy Judge President Aubrey Ledwaba entered the coutroom and indefinitely postponed the matter.

Mdluli was suspended amid charges of fraud and corruption, and charges relating to the murder of his ex-lover's husband.

An inquest cleared him of any involvement in the murder.

The charges of fraud and corruption were withdrawn.

He was reinstated, but was again suspended in 2012 pending a court application to review the withdrawal of criminal charges and the disciplinary case against him.

Read more on:    ful  |  police  |  richard mdluli

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