Richard Mdluli’s lawyer withdraws from slush fund case due to lack of funds

Former crime intelligence (CI) boss Richard Mdluli, accused of looting the police’s slush fund, will have to apply for legal aid after his attorney withdrew from the matter due to a lack of funds.

Mdluli and his co-accused, former SAPS supply chain manager Heine Barnard and former chief financial officer of the State Security Agency (SSA) Solomon Lazarus, made a brief appearance in the Pretoria High Court, where the trial was supposed to start on Monday.

Postponement

Mdluli’s attorney Ike Motloung asked the court for a postponement of the trial pending a leave to appeal a judgment that dismissed the former crime boss’ review of the police’s decision not to fund his defence.

Investigating Directorate against Corruption (IDAC) spokesperson Henry Mamothame said the Pretoria High Court dismissed Mdluli’s application for a postponement.

“His application for leave to appeal is as a result of the South African Police Service (SAPS) refusing to pay for his legal fees.

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“In dismissing Mdluli’s application, Judge Mudunwazi Makamu agreed with IDAC and highlighted that this matter has been on the court roll for a long time and that it prejudices the other two accused who placed it on record that they are ready to proceed with trial,” Mamothame said.

Uncertainties

Mamothame said Makamu further indicated that Mdluli’s leave to appeal has uncertainties which may require him to approach the Supreme Court of Appeal (SCA) and the Constitutional Court should the ruling not be in his favour.

“The judge postponed the matter to Tuesday, 05 November 2024 for Mdluli to approach Legal Aid South Africa to ascertain if he qualifies for legal assistance.”

Charges

Mdluli, Barnard and Lazarus are facing charges of corruption, fraud and theft relating to the police’s secret slush fund from the time they were employed by the SAPS in the Crime Intelligence Services, between 2008 and 2012.

They include payments of private trips to China and Singapore, private use of witness protection houses, conversion of the property for personal use and the leasing of Mdluli’s private residence to the state in order to pay his bond, among other allegations.

Mdluli was jailed for five years for his September 2020 conviction in connection with the kidnapping and assault of Oupa Ramogibe in 1999.  He was released on parole in July 2022 after serving a third of his sentence.

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