Group takes Mdluli’s case to court
LOBBY group Freedom Under Law yesterday outlined its reasons for seeking a court order setting aside decisions that led to the withdrawal of charges against Lt-Gen Richard Mdluli.
LOBBY group Freedom Under Law yesterday outlined its reasons for seeking an order to maintain charges against suspended head of police crime intelligence, LtGen Richard Mdluli.
The review application at the North Gauteng High Court follows an urgent interim interdict obtained by the organisation last year, which stopped Police Minister Nathi Mthethwa from assigning any function to Lt-Gen Mdluli pending the determination of the case heard yesterday.
The case comes amid reports last weekend that there was a fresh push to re-instate Lt-Gen Mdluli, who is believed to have smoothed President Jacob Zuma’s ascendence to office with the help of the so-called spy tapes.
Freedom Under Law says the case relates to the fitness of LtGen Mdluli to hold public office, and also touches on the rule of law, as well as the duties of the national director of public prosecutions and the national police commissioner, along with the demands for accountable and the rational exercise of their powers.
Freedom Under Law is seeking orders for a review of a decision taken in December 2011 by the head of the specialised commercial crimes unit in the National Prosecuting Authority, Lawrence Mrwebi, where he withdrew fraud, corruption and moneylaundering charges against LtGen Mdluli. The charges related to the abuse of the crime intelligence secret fund.
Freedom Under Law is also seeking an order setting aside the decision to withdraw 18 charges, including murder and kidnapping, against Lt-Gen Mdluli. Those charges related to the 1999 murder of his love rival.
It also wants a review of a decision taken by acting national police commissioner Nhlanhla Mkhwanazi in February last year to withdraw disciplinary proceedings against Lt-Gen Mdluli.
The application is opposed by Mr Mthethwa, Mr Mrwebi, national director of public prosecutions Mxolisi Nxasana and police commissioner Riah Phiyega. Lt-Gen Mdluli did not file papers in this matter, although he is listed as a respondent.
Vincent Maleka SC, for Freedom Under Law, argued yesterday that Mr Mrwebi’s decision to withdraw corruption charges against Lt-Gen Mdluli was illegal because he never consulted meaningfully after receiving representations from Lt-Gen Mdluli’s lawyers to drop the charges.
On the withdrawal of murder and kidnapping charges against Lt-Gen Mdluli, Mr Maleka said the director of public prosecutions for South Gauteng Andrew Chauke, did not consult anyone before he dropped the charges.
Mr Maleka also remarked that Lt-Gen Mdluli made representations to former acting National Director of Public Prosecutions Nomgcobo Jiba to withdraw the charges.
Laurance Hodes SC, for Mr Mrwebi and the national director of public prosecutions, said the court had no jurisdiction to review the decision. Mr Hodes said the national director of public prosecutions had to make a final decision whether or not to prosecute before the decision could be challenged.
The matter continues.