Lawrence Hodes, SC, for the National Prosecuting Authority, submitted any party wanting to re-institute charges against anybody first had to approach the national director of public prosecutions (NDPP) and not a court directly.
“Any prosecutor in any court can decide to withdrew charges… [on reinstatement] then in my submission there are certain procedures to be followed before a court can be approached.”
A full SCA bench was hearing argument in an urgent appeal by Mdluli, the police and the NPA.
The appeal concerns a ruling in favour of lobby group Freedom Under Law (FUL) to set aside a decision to withdraw criminal and disciplinary charges against Mdluli.
Mdluli, the NPA, and the Specialised Commercial Crime Unit were granted leave to appeal against a ruling by High Court Judge John Murphy in September 2013 in favour of FUL.
Murphy had set aside the decision to withdraw charges of money laundering, murder, and disciplinary proceedings, against Mdluli.
Argument was continuing in the SCA.