Mdluli 'evades' serving of papers

2012-05-16 15:15

Johannesburg - Former crime intelligence boss Richard Mdluli “evaded” the serving of court papers on Tuesday by legal rights group Freedom Under Law (FUL).

FUL announced on Wednesday that two attempts by the sheriff of the South Gauteng High Court to serve papers on Mdluli had failed.

In a certified document filed by the sheriff at court, he states that he failed twice to have the documents delivered to Mdluli’s house in Boksburg, on the East Rand.

“At 16:20 I arrived at the above address and was informed by a female on the intercom that no person is to enter the premises and no documents must be accepted for any reason.

“At 19:40 once again an attempt was made at the above address and the bodyguards refused to supply their names or allow me entry to the premises.

They also refused to accept service of the documents,” the sheriff states.

FUL’s Advocate Jeremy Gauntlett told City Press the situation had since been “resolved”, but that it was “significant Mdluli had anticipated the serving of papers”.

Gauntlett said the refusal of Mdluli’s bodyguards to accept the papers “also showed his attitude towards the law”.

Mdluli is the fifth respondent in a case brought by FUL before the North Gauteng High Court, which asks the court to prevent him from performing any policing duties.

The case is scheduled to be heard on June 5.

Cop Cluedo

  • Smili - 2012-05-16 15:24


      Foc - 2012-05-16 15:36

      I thought these people know the law?? You dont have to HAND the papers to him in person.... as long as it is the correct address you can pin it to the gate or door .... or give it to one of the guards or servants

      Mike - 2012-05-16 16:09

      Foc what utter crap please read rule 4 of the uniform rules of court before posting and holding yourself out to be someone who actually knows what he's talking about. Mdluli is not a corporation with a chosen domicilium citandi, he's therefore a private citizen. Furthermore, if you read the article, no one was prepared to accept any papers on his behalf. If they pin it to his door service FAILS, and the court will toss the matter out until personal service as contemplated in the uniform rules has been effected. I think the deputy sheriff, who does this for a living is more than qualified to do his job....are you a practicing lawyer?

      Foc - 2012-05-16 16:19

      DanielDennett - good grief! u quite passionate about this but I still say you talk crap ... as long as you can prove papers were delivered the court will accept it. So what YOU saying is that if I refuse to sign receipt for a summons deliverd by the Sherrif I am OK ... and nobody can do a thing?? Dream on boy ....

      Bob - 2012-05-16 18:36

      @Foc…Previously the Sheriff could pin it to the door, gate or the dog and it was legal. But I side DanielDennett on his comment, that the law was changed a few years back and it has to be personally delivered to the respondent in his hand. There were many cases proven in the past where Deputy Sheriff’s claimed to have pinned it to the gate, however they did not, as such the law was changed. Maybe we have a legal beagle on the forum that can fully clarify this point

      carpejugulim - 2012-05-16 18:55

      refusing to acknowledge the sherrif of the court and giving instructions to staff members to do the same ... smacks of defeating the ends of justice, you can only try and run or hide for so long

      Gerry - 2012-05-16 20:40

      Daniel... CP Act - Serving summons includes any adult family member, or adult person in the employ of the accused (security guard?), also includes pinning Notice to the front door of the house, not the gate...

      WhiteNut - 2012-05-17 02:41

      Summons are delivered even with an sms, as long as the number is registered under your name. As for the address, it can be either your residential address or work address. But you are not forced to sign anything infact don't sign, cos usually the signing is not for acknowledging receipt, but for agreeing with the claims of the claimant. Remember the court can proceed without the accused if summoned and did not pitch. It recently happened 2 me, when I was served with paper by th court sheriff @ work. First time they found me, on the second occasion they left sealed envelop with my HR! So yes the process is very flexible for the sheriffs

  • Sean - 2012-05-16 15:25

    You have nothing to fear if you aint guilty. My best guess is guilty as charged, but then again what does the public know? The weeel, she is turning

      sean.redmond3 - 2012-05-16 16:03

      Slowly, slowly now.

  • daniel.motlhatlhedi - 2012-05-16 15:35

    i think its high time president intervene in this matter.

      Foc - 2012-05-16 15:40

      The president is crapping himself ... the whole cabinet is scared of Mdluli why else would they protect him so much?? He was bugging their phones and offices so he knows FAR to much ... thats why they dont sleep at night ....

      Dave - 2012-05-16 15:53

      He already has that's why he was reinstated.

      sean.redmond3 - 2012-05-16 16:04

      You joking? right? The giggling president DO something?

      Mike - 2012-05-16 16:11

      Foc I see you deleted your post about service ....good thing because it was embarrassing!

      Koos - 2012-05-16 18:05

      Zuma has no ba**s. He is not serving the country. He is only trying to stay on top of the corrupt ANC.

      Gerry - 2012-05-16 20:43

      Koos... Prez has no ba**s cause they all dried up after all the wives!

  • Bryan - 2012-05-16 15:35

    Run Forrest run......

  • Sharon - 2012-05-16 15:39

    I say, just proves how scaly he really is. Spineless twit!

  • Nigel - 2012-05-16 15:47

    A laugh a minute, honestly. Eish! I don want it the pepers.

  • sandy.langenstrass - 2012-05-16 15:47

    And Zuma wanted to make this piece of work head of Intelligence....what does this say about Zuma and decision making....NO WONDER WE HAVE ALL THESE PROBLEMS IN SOUTH AFRICA. But still they will vote anc....

      Wayne - 2012-05-17 08:03

      Well said Sandra. Speaks volumes for this guys values and ethics doesnt it? And for that of his boss. Unfit for office, both of them.

  • donovan.hendricks.7 - 2012-05-16 15:47

    Seems like toughguy Mduli is running the Gauntlett.

  • Nigel - 2012-05-16 15:48

    And just now some other ANC fool will post a comment and defend him. Wait for it...... What a circus!!

  • louis.langenhoven - 2012-05-16 15:49

    was it not that the Sherrif could nail it to the front door if he refuses to accept?

      Gerry - 2012-05-16 20:46

      Criminal procedure Act did state that in refusal to accept, or having no reply to locating person stipulated in Summons, Then it could be affixed to front door of his 'domicillium citandi (residence)

  • Mazimba - 2012-05-16 15:49

    Former crime intelligence boss is currently a coward.

  • sandy.langenstrass - 2012-05-16 15:55

    WOW when this information bomb goes will break records with posts and comments, meaning if Mdluli starts to spill the beans on TOP RANKING anc.....if it happens, I would not like to miss a minute of it.....Mdluli actually has a very mean face and the arrogance sticks out a mile.

      William Teixeira - 2012-05-16 16:45

      @ Sandy your right he wont go down alone for sure.

  • Martin - 2012-05-16 15:58

    come back he said, the slaves oops i mean citizens will not revolt he said, you can pick up where you left off and more he said....zuma lied to you he has no clue, we the people are gonna ffff@ck you all up until jesus comes

      Keith - 2012-05-16 16:18


  • sean.redmond3 - 2012-05-16 16:01

    "the refusal of Mdluli’s bodyguards to accept the papers" He has body guards? Why for heavens sake.

      Faizie - 2012-05-16 16:14

      Have you seen his body, its us who need the protection

      sandy.langenstrass - 2012-05-17 08:22

      Of coarse he has bodyguards....all those MP's have them......yet they tell us crime stats are down and all is good....if so why do the MP's need bodyguards....because they know the truth...and they LOVE SPENDING TAX PAYERS MONEY....oh and because it makes them LOOK SO...VIP..IMPORTANT...this very self importance clouds their brain......and they actually forget to carry out the job of working for the people...even though they take a sworn oath too.

  • MSGRule - 2012-05-16 16:11

    This is much much worse then any soap opera anyone can wish for. If this is put into a series it will be seen a fiction as so much corruption in one orginasation and a ruling party orginasation can not be true.

  • marnalouw - 2012-05-16 16:12

    Well...that right there is just another nail in your coffin that you are guilty. Idiot.

  • Erna - 2012-05-16 16:36

    You can evade all you want but it won't make a difference! You don't know much for a 'top cop'.

  • William Teixeira - 2012-05-16 16:42

    The noose is tightening for Mduli however he is a slippery one and will find some way of avoiding any legal action I'm sure.

  • Vernon - 2012-05-16 16:49

    former slime boss cant handle the pace now!!!!!!

  • elize.vankerckhoven - 2012-05-16 17:01

    They should prevent him from performing any political duties point!!!!

      nettie.potgieter.5 - 2012-05-16 17:43

      Political duties?

  • Musa Mahlangu - 2012-05-16 17:54

    Why did you guys not judge Fivos by the same standards? He was a killer but you were silent when he was Commissioner. Hypocrites! Mdluli was cleared. He is facing absolutely NO charges.

      Morwa - 2012-05-16 18:09

      who cleared him the court that cleared zuma on rape charges???

      Rob - 2012-05-16 18:20

      Who is Fivos? I have never heard of him... What is a 'hypocrites' ?. The Hospital called your Secretary to say that your 'brain' was ready for collection..... Are you a member of the MDLULI 'extended' family? Would appear so...

      Bless Boswell - 2012-05-16 21:44

      Yes, because they were dropped. Not because he was innocent. Are you blind?

  • braamc - 2012-05-16 17:55

    Filthy piece of sh*&t

  • Rob - 2012-05-16 18:15

    Just another indication that he is guilty as hell... Who does this 'arsehole' think he is - 'above the law'..? His arrogance will be his 'down-fall'... Nail the documentation to his door (it is then delivered) or get a warrant of 'arrest' issued'. Do I see a possible 'road accident' on the horizon - MDLULI knows (or thinks he does) knows too much.

  • Oom - 2012-05-16 20:05

    My guess is that this Mdluli dude must have some serious serious information at his disposal to be protected like this, this is beyond even the normal ANC tactics and makes one wonder what exactly is it that he has or what others have done that he knows about.

  • Bless Boswell - 2012-05-16 20:42

    They will catch up to him sometime. He obviously has a lot to hide. The puzzle pieces are falling into place. Soon we'll have the whole picture. This is all good for our future democracy. Patience people.

  • danny.levin.351 - 2012-05-17 07:16

    @ Dave, shower-head has already intervened. this is why this B@stard had the charges against him dropped. So now we have a police "general" who is a fugitive from the law (as represented by the courts and the sheriff), nice one cANCer!!!

  • Carolyn - 2012-05-17 08:18

    Hiding from the sheriff of the court NOW that tells you everything if he is as innocent as he claims( ha ha ha) then why is he avoiding the sheriff of the court???

  • rianette.kemp - 2012-05-17 13:42

    This plot will make for an interesting show on TV. Calling all Hollywood directors!!

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