Mthethwa receives Mdluli papers

2012-05-16 09:25

Johannesburg - Police Minister Nathi Mthethwa has received legal papers from Freedom Under Law (FUL) applying for the removal of Lieutenant General Richard Mdluli from the police, his spokesperson said on Wednesday.

"We can confirm that we received the court papers and that our legal team are currently studying [them]," Zweli Mnisi said.

He said that as the urgent application would be heard in the North Gauteng High Court in Pretoria on June 5, there was time to deliberate and decide on the way forward.

FUL, which describes itself as a "not-for-profit organisation in order to promote democracy under law", applied for an urgent interdict on Tuesday to prevent the former crime intelligence head from serving in the police. FUL also applied for an interdict against Mthethwa, preventing him from moving Mdluli to a new position before a review into his reinstatement could be heard.

Mistrust in police

Anti-apartheid activist and FUL member Mamphela Ramphele said in the organisation's founding affidavit that Mthethwa suspended former police commissioners Jackie Selebi and Bheki Cele for "less serious criminal charges" than Mdluli.

"The way... Mdluli had been dealt with by the respondents reflects an extraordinary degree of a lack of accountability and a breach of a culture of justification," said Ramphele.

She said Mdluli's letter, which detailed a conspiracy against him, had generated mistrust and instability in the police.

The letter, written by Mdluli in November, was addressed to President Jacob Zuma, Mthethwa and acting national police commissioner Nhlanhla Mkhwanazi.

In it, Mdluli reportedly wrote that Cele, Hawks head Lieutenant General Anwa Dramat, operational services head Lieutenant General Godfrey Lebeya and Gauteng police commissioner Lieutenant General Mzwandile Petros, were ganging up against him.

Ramphele said the task team, appointed by Mthethwa to investigate the allegations in the letter, would not resolve the problem caused by Mdluli's reinstatement.

On Friday, the presidency denied ever having received such a letter from Mdluli.

Said Ramphele: "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... Mdluli from active daily service in SAPS."

Mthethwa announced on May 9 that Mdluli would be shifted from his position to another division in the police.

Mdluli charges

Last year, Mdluli faced fraud and corruption charges relating to alleged misuse of a crime intelligence fund, the purchase of luxury vehicles and the hiring of family members. He also faced a murder charge following the murder of a former lover's boyfriend, Oupa Ramogibe.

Both sets of charges were withdrawn and Mdluli was reinstated as head of crime intelligence.

The murder investigation became an inquest.

In the meantime, Mthethwa appointed a task team led by chief state law adviser Enver Daniels to investigate the claims made in the letter. It would consist of Lieutenant General Abel Mxolisi Shilubane from the defence force, Stan Noosi from state security and SAPS head of legal services Lieutenant General Julius Molefe.

  • Christopher - 2012-05-16 09:34

    Boot him into the sea...we dont need a murderer as the head of police.

  • Gavin - 2012-05-16 09:36

    this is so ironic, handing papers to the man who himself should be investigated. SA really is the land of opportunity - if you hold hands in the shower with the ANC - you will be covered in greatness, if you are caught you will serve your sentence in the sick ward or on the golf course. That sound you can here, is our democracy being strangled, as the ANC tries to usher in a dictatorship - this is the only way they will stay in power.

      patson.nedzamba - 2012-05-16 09:46

      U r right Gavin!!!!

  • Marion - 2012-05-16 09:38

    I have immense respect for Mamphele Ramphele (and now obviously FUL). She maintains that she has no political affiliations and therefore speaks out against what she deems wrong irrespective of who is involved. It was she who recently said that the current education system is worse than the Bantu education she received.

  • lucky.evans1 - 2012-05-16 09:41


      koos.vandermerwe.92 - 2012-05-16 10:04

      Are you homesick?

      Marc - 2012-05-16 11:16

      Lucky, do you have an upset stomach? Try some codliver oil.

  • Nigel - 2012-05-16 09:50

    Watch closely, nothing will happen, the ANC will protect him.

  • Msika - 2012-05-16 09:56

    Looking at the rate at which crimal activities carried by our leaders accelrates in this country, Thuli Madonsela wont be able to cope anymore. Perhaps we should have two public protectors with Mamphele Ramphele being the 2nd one.

      Marion - 2012-05-16 10:06

      @Msika - the only thing wrong with that suggestion in my opinion is that she would then be restricted to certain areas of investigation as opposed to being an activist anywhere she wants to be.

  • chris.greenland.9 - 2012-05-16 10:04

    We can only hope that this highly principled action by a great lady will succeed. In administrative law it is quite difficult for the Court to intervene. This is because it is not enough for the Court to find that the decision is wrong. It has to be able to say that "it is so wrong, that no reasonable person in the position of the minister would have done that". Then only can the court intervene. Here is hoping .. and praying ...

  • Pieter Mulder - 2012-05-16 10:16

    After all these money's been spent they will most properbly with draw it. Corrupt SA

  • MSGRule - 2012-05-16 10:16

    Wow as long as you dont get caught. That should be the motto of South Africa. If you do get caught you try the 1st court, the 2nd appeal, then 3rd consituion and if you don't succeed you get moved to another department or get sent to jail btu you are to sick to serve so you can stay at home.

      Brenda - 2012-05-16 12:19

      I agree with u 100 per.zuma friends are above the law period

      Brenda - 2012-05-16 12:19

      I agree with u 100 per.zuma friends are above the law period

  • Tumelo - 2012-05-16 10:19

    Thatha Ramphele! Accountability has been eroded from public service. As for Mdluli he must know something that implicates Zuma and Mthethwa. Perhaps something is about to hit the fern. Go tlo nkga e se kgale!

  • dineo.mothibi.1 - 2012-05-16 10:20

    I have a respect for the lady (Mamphela Ramphela),i hope different will be made 4 Mdluli be out of SAPS.

  • Bless Boswell - 2012-05-16 10:43

    Is this not like putting the fox in charge of the henhouse?

  • Hilda - 2012-05-16 10:44

    Full of praise for FUL

  • Shayne - 2012-05-16 10:53

    Sad day when ordinary citizens have a better moral compass than that of the elected leaders. Leaders are to examples to everyone the represent. The quicker we get rid of this current set of leaders the better. SA and Africa will thank us. If SA fails the whole of Africa fails.

      MSGRule - 2012-05-16 10:56

      That will be a major cabinet shuffle. there are many rotten apples in the green/yellow/black basket

  • spha.m.zungu - 2012-05-16 11:02

    Mdluli is the new Malema.......interms of news coverage and I think De Klerk's Cnn interview shoul still b making headlines bt bcoz ....(u know what), its gonna swept under carpet

      rasthami.m1 - 2012-05-16 12:20

      Take a nap mate ,kindergarten playing time is over

      Jacqui - 2012-05-16 13:46

      Spha, De Klerk made headlines while you were sleeping.

  • Ben - 2012-05-16 11:33


  • Joe - 2012-05-16 11:54

    arent there enough educated people for this job that we resort to criminals

  • Jacqui - 2012-05-16 13:44

    What I want to know is how did Mduli get a police job in the first place?. He was a policeman under the old regime and one of their torturers. His speciality was torturing anti-apartheid activists. Please explain to me how some one like that can hold any position in the new South Africa and why is he protected by the likes of Zuma. What does he know?.

  • sandy.langenstrass - 2012-05-16 16:39

    Let's hope Ramphele will not be victimized or shot at...don't forget this the MAFIA TYPE that we dealing with.

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