Rule of law vindicated

Former SA Police Service crime intelligence head Richard Mdluli was sentenced in the Johannesburg high court this week to an effective five years imprisonment for kidnapping, assault with intent to cause grievous bodily harm, assault and intimidation. This follows legal challenges over several years by Freedom Under Law to decisions that would have given Mdluli impunity and kept him in his crucial post. The charges against him (with other charges of fraud and corruption) were initially withdrawn by prosecutors Andrew Chauke and Nomgcobo Jiba. In 2012, judge Ephraim Makgoba granted Freedom Under Law an urgent order directing that Mdluli stand down from his position pending the determination of a review of that decision.

The court stressed that a constitutional democracy could not tolerate one of the country’s key crime fighters continuing to perform his daily functions while facing serious allegations of criminality. That Mdluli was not finally convicted of these grave crimes was not the issue.

In due course, Freedom Under Law’s review of the prosecutors’ decision to withdraw charges was upheld. Mdluli’s trial ensued and has extended over a lengthy period, culminating in this week’s sentencing by judge Ratha Mokgoatlheng. In November, Mdluli will appear in the Pretoria high court to finally face fraud and corruption chargers relating to the Crime Intelligence slush fund.

This week’s sentencing is an important vindication of the rule of law in that one of SA’s most senior police officers has finally been held accountable for some of the crimes he committed.

Had Freedom Under Law, one of a group of civil society watchdogs active in this way, not challenged the decisions to withdraw charges and keep Mdluli at his desk, his impunity would have been assured.

Nicole Fritz

CEO, Freedom Under Law