Police to challenge Mdluli ruling

2012-06-01 22:41

Johannesburg - The SA Police Service will bring an urgent court application in the Johannesburg Labour Court on Saturday to set aside the lifted suspension of Crime Intelligence boss Richard Mdluli.

"The order obtained by Lieutenant General Mdluli entitles the SAPS to approach the court on an urgent basis for the reconsideration and the setting aside of the order on 24-hour notice to General Mdluli," said Brigadier Lindela Mashigo.

Mdluli made a low-key appearance in the Labour Court on Friday to challenge his suspension by acting police chief Nhlanhla Mkhwanazi.

The suspension, on Sunday, came just months after he was reinstated as head of Crime Intelligence after being suspended while criminal charges were pending against him.

The charges were withdrawn, but when his reinstatement was widely criticised by, among others, the Democratic Alliance and the lobby group Freedom Under Law (FUL), Police Minister Nathi Mthethwa moved him to a different division.

The police claimed that the order granted to Mdluli on Friday was "either fraudulently or grossly improperly obtained" and said its lawyers were taking action to have it set aside.

"The SAPS is currently investigating how the court could conceivably have granted the order in favour of General Mdluli and in the absence of the SAPS, whilst the same court made a directive that the urgent application would be heard on Monday 4 June 2012," said Mashigo.

He said the court had directed that Mdluli could immediately return to work, but that this was not necessary.

"Lieutenant General Mdluli will not be required to report for duty in any capacity until when the urgent application contemplated is finalised and disposed of by the court."

The charges which led to Mdluli's initial suspension were fraud and corruption counts relating to his alleged misuse of a secret crime intelligence fund to buy luxury vehicles, and to hire family members.

He was also accused of murdering his former lover's husband Oupa Ramogibe.

All the charges were withdrawn in March.


The City Press website reported on Friday that Mdluli had asked the court to hear his application as a matter of urgency because the suspension continued to erode his dignity and this would continue in the weekend media.

Mdluli submitted in an affidavit that he was being subjected to "double double jeopardy", as Mkhwanazi was suspending him for the same allegations for which he was previously suspended.

He contended that he was not given a chance to make representations about his suspension, and was "shocked" when his attorney told him he had been suspended again.

On Friday, Judge Edwin Molahlehi said he was satisfied that a prima facie case had been made and that "in the absence of opposition from respondents... there is no reason to doubt the version of the applicant".

The Democratic Alliance later said it was not surprised there was no opposition at the court.

"... Reports indicate that the lawyers for... Mkhwanazi were reportedly informed by the court registrar that the case would only be heard on Monday," DA MP Dianne Kohler Barnard said in a statement.

"There appears to have been yet another back door found to slip a [President Jacob] Zuma ally back into a seat of power."

The DA was disappointed at the lifting of the suspension, she said.

"We stand firm that there are substantive reasons for Mdluli to be removed from office.

"Even if his suspension was procedurally unsound, these allegations must surely be properly investigated before he is allowed to return to work."

FUL has brought a court application for the endorsement of Mdluli's suspension. It will be heard on Tuesday. FUL said Mdluli had until Friday to file replying affidavits, but that he had not done so.

  • Vic - 2012-06-01 23:03

    Is Mdluli suspended, isn't he suspended; is he suspended , isn't he suspended....hold on, he's going to be suspended again in a couple of weeks time.

      dennis.vermaak.5 - 2012-06-02 05:27

      Very similar to the whole Juju saga !!

  • rickvcooper - 2012-06-01 23:04

    Hauw, Guvament - you can't even work with your own idiotic labour laws.

  • cliff.slabbert - 2012-06-01 23:09

    There's a storm brewing , and it is not in a tea cup this time!

  • Iampeople - 2012-06-01 23:30

    Can the public protector step in and deal with this please?

      Sbu Lassy Masilela - 2012-06-02 08:03

      Xurely dat wud b a great move! like xi did with de WC tender saga, infact dis xud b a matter of urgency

      Patsy - 2012-06-02 11:06

      I don't think she has enough hours in the day to deal with all the corruption in this country.....

  • Ditoa-re - 2012-06-01 23:40

    Do we have a South african parliament or south african college??? None of these guys is sure of how the justice works there. Completely incompetent

      Lacrimose - 2012-06-02 09:47

      On the contrary, Mdluli's legal team know exactly how it works. This was another delaying tactic, which they knew would be challenged and eventually overturned but in the meantime it distracts the prosecution from the real case and allows more time for evidence to disappear

  • seanpresherhughes - 2012-06-02 03:59

    What a complete joke - And we expect these criminals to rule our country!?

  • mosale.magwele - 2012-06-02 05:01

    I hav to say I admire this man! He is running the Country from behind the scene! He even has the judiciary on his payroll yet most ppl stil don kno wu he is! Mdluli is taking SA down yet we think he is a joke

      Matthew - 2012-06-02 07:23

      You are right this really isn't a joke our future hangs in the balance with these clowns

  • zolisa.dlokovu - 2012-06-02 05:09

    This man running this country

      Keith - 2012-06-02 06:11

      He is just one of MANY untouchables. The judiciary can only uphold the law as it is argued before them. The problem is the political interference causing Prosecutors to drop cases against politically connected people.

  • Desmond - 2012-06-02 05:57

    Where is Zuma ?????????

      Erna - 2012-06-02 08:15

      Somewhere in Africa trying to solve other peoples' problems! He seems to think that the anc is doing a good job and he himself 'knows what he doing'! Go figure.

      Sharon - 2012-06-02 11:42

      looking for another wife

  • nimrod.mqonqo - 2012-06-02 06:24

    Who is fooling who? The court,Lt.Gen. Mdluli or SAPS?

  • hc12345 - 2012-06-02 06:32

    Banana Republic!!!

      Yekani Kiya KaManinjwa - 2012-06-02 07:21

      ja sure banana republic run by FUL and DA, spineless Minister

      frans.visserdsb - 2012-06-02 07:38

      Yekani, not sure what the relevance to the DA is here... Mdluli is a crook, pure and simple. the fact that he is not being dealt with is an indictment of our government. what does the DA have to do with this?

      Jan - 2012-06-02 12:51

      I dont blame Yekani for being offended and replying with that (even though I dont agree with it). When a person refers to this country as "banana republic" its offensive to black people because the people who use this term are usually racists. We need to stop using words that harm the dignity of another group.

  • braamc - 2012-06-02 06:59

    the suspension continued to erode his dignity and this would continue in the weekend media. - "his dignity" no comment, omg

      Dee - 2012-06-02 14:50

      Glad another person noticed the word 'Dignity'. A word much used of late for purposes of bypassing reason & overriding the constitution. A proud word used much in 94' elections now seems to mean mean "preservation of presidential praetorian guard and personal power".

  • Chris - 2012-06-02 07:18

    Clearly this statement has few words too many in it: "There appears to have been yet another back door found to slip a [President Jacob] Zuma ally back into a seat of power." - It would read correctly as "Yet another back door found to slip a [President Jacob] Zuma/Shaik ally back into a seat of power." Been hankering for some of the mind altering substances that the Luthuli House deployed cadre's avail themselves of, must be mind blowing stuff?

  • lucky.luck.98 - 2012-06-02 07:33

    Mdluli is our next president,all the justic system is control by him.take them my man.

  • Mark - 2012-06-02 07:35

    I think this shows us exactly what is going on at the top - there is definitely one set of rules, and laws, for the citizens and taxpayers in this country and a totally different set for those in charge. We are without doubt now seeing the ANC set the pace with their exploitation and criminally linked manipulation of the courts and justice system. Time for us to demonstrate to them who pays the bills and is actually in charge here. Where is the public protector now?

  • tom.vorster - 2012-06-02 08:11

    The Mugarbaging of SA continues!

  • Trymore - 2012-06-02 08:13

    Mdluli was found not guility of all the charges brought to him because they was no evidence against that, so thats why he was reinstated why all the noises,you must understand that when you talk about rights the very same Mdluli he also have rights to be presumed innocent as long as he has never been found guility by the court of law, how can you imagine being found guility without evidence we fought for this right but now you think that it must be selectively be applied against Mdluli because he is a member of ANC, We must fight against this thing of charge blacklist and fire a person must be found guilit first so that he must be fired not just be charged and fired, because a person when charged he is a suspect not a criminal if found not guility he must walk free and also a right to be reinstated, this noise is nothing but a sign of racism and political intolarance, if Mdluli was found guilit i was going to say you are right,this precedent that is being set is affecting our democracy, Dont decide or judge something based on party line, political belief , subjective belief. friendship,because you will get a wrong answer but judge everything general and objectively

      Andrew - 2012-06-02 09:02

      I think that's a fair comment. I think the problem lies in our faith of the judicial system and our leading party. We've seen the likes of shaik's being set free after being sent to jail (still not dead unless zombies can play golf). Zuma trials disappear. I can carry on. I am sooty that we are synical but I think we're given reason to be.

      Wisemad Mcmawle - 2012-06-02 10:16

      Who said Mdluli is fired he's not he should be remain suspended till his crimes are fully investigated and tried in court yes he used to suspended before but because of JZ all case were dropped but no real forensic reason why, be careful.

  • Nomfundo - 2012-06-02 08:22

    Mdluli, may have promised Zuma that u will ensure that he gets re-elected for the 2nd time; u may b suffering from blood pressure and stress; u may have killed and stole money from the public purse; u may send chills through the spines of ANC politicians bcoz of the scandals u know about them, but u r going down!! There's no turning back!! U r going down; jut like the e-tolls!!

  • Richard - 2012-06-02 08:27

    This is a clear mala fides manipulation of the justice system. It's a simple principle - hear the other side. The presiding officer needs reporting to the JSC and a review of the process and his decision. Under this regime the slide down the slippery slope gathers speed daily. Arrest this regression.

  • Andrew - 2012-06-02 08:55

    Time for new leadership. No more d!cktatorship.

      craig.m.wells - 2012-06-02 09:43

      Morning Andrew!

  • Michael - 2012-06-02 09:21

    The police are going to challenge the Mduli ruling. Hmmm, then Mduli will challenge the police's challenge.. Of course then the police will challenge Mduli for his challenge on their challenge.... And so we wade through years of challenges touching the challenged on their challenge..... It's all very challenging :(

      Dane - 2012-06-02 10:37

      LMFAO! This made my morning......Still laughing!!!!

  • malusi.mtetwa - 2012-06-02 09:56

    Why is Mdluli still fighting, why is he so arrogant seeing no one likes him, and seems like he has been on the wrong side of the law, or he is investigated to be... He must let them investigate him peacefully, and shut up.

      Dee - 2012-06-02 12:19

      Yes, I could not help notice the word "DIGNITY" being why the court case to be heard one-sided. Whatever happened to "HONOUR"? (as in serving best interests of the nation - and not as we see between the powerful thieves). It seems the word "Dignity" now has the power to override all reason in South Africa.

      crracker.crackerr - 2012-06-02 12:26

      It is exactly what we see unfolding. The power of the Dignity Cult. It will be possible to defend and hide anything behind Dignity. Introduced as the overrding consideration into the peoples' psyche on purpose.

  • Bibi - 2012-06-02 10:14

    JZ is still reading the Bheki Cele report thereafter he will attend to Richard.All this might take 2 to 3yrs

  • Enlightened - 2012-06-02 18:00

    And then they wonder why we call you them names they don't like!

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