South Africa 24.10.2013 05:50 am

Mdluli appeal bid won’t be opposed

Image courtesy of stock.xchng

Image courtesy of stock.xchng

Public interest group Freedom Under Law (Ful) will not oppose today’s application for leave to appeal against a North Gauteng High Court ruling that criminal and disciplinary charges must be reinstated against Crime Intelligence boss Richard Mdluli.

Ful will, however, ask Judge John Murphy to extend or reinstate the interdict barring Mdluli’s involvement in the police, pending the final determination of the case.

Ful said in a statement, although it was satisfied that the judgment was correct and it was confident it would be upheld on appeal, it would not be opposing the NDPP and police commissioner’s application for leave to appeal.

“Ful believes that the legal and factual issues involved are of such importance that they warrant the attention of a higher court,” the organisation said.

Judge Murphy last month set aside a December 2011 decision by the head of the Specialised Commercial Crime Unit Lawrence Mwrebi to withdraw charges of fraud, corruption and money-laundering against Mdluli.

The charges stem from allegations that Mdluli had abused the Secret Service account for private gain for his and his wife’s benefits.

He also set aside a February 2012 decision by South Gauteng Director of Public Prosecutions, Andrew Chauke, to withdraw charges of murder, kidnapping, intimidation, assault and defeating the ends of justice against

Mdluli.

The murder and related charges follow the death of Oupa Ramogibe, the husband of Mdluli’s lover, who was shot dead during a pointing-out to Vosloorus police in 1999. Mdluli was the branch commander of the detective branch at Vosloorus at the time.

Judge Murphy further set aside a February 2012 decision by the acting police commissioner to withdraw disciplinary proceedings against Mdluli, as well as a March 2013 decision to reinstate him as head of crime intelligence, finding that it undermined the integrity of the police.

He ordered that criminal and disciplinary charges must be reinstated against Mdluli forthwith.

The police commissioner and NDPP applied for leave to appeal, maintaining there was a reasonable prospect that an appeal court could rule that the provisional withdrawal of charges was not capable of review and that Ful was not entitled to launch the proceedings without the assistance of the complainants in the criminal charges.

They further maintained the judge should have found that the application was premature and that he ought to have referred the matter back to the NDPP.

They argued that the judge had unlawfully assumed the role of the prosecuting authority; had encroached on Parliament’s authority; and ignored Mdluli’s right to a fair trial.

 

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