Mdluli judgement on Wednesday

Judgment will be delivered on Wednesday afternoon in the urgent application by Freedom Under Law to stop former crime intelligence chief Richard Mdluli from performing his duties for the time being.

Judge Ephraim Makgoba said he regarded the application as a matter of paramount importance for the South African community as a whole and he was duty-bound to deliver judgment as soon as possible.

FUL has asked that Mdluli be prevented from performing his official duties pending the outcome of a review - which it intends applying for - of the decision to set aside civil and criminal charges against him, and of the decision in March to reinstate him. 

The charges ranged from murder to corruption and fraud.

Mdluli's lawyer Ike Motloung argued on Wednesday that his client appeared to have already been convicted in “the court of public opinion”.

He said his client was an ill man who was being treated for hypertension and stress, but that this did not mean that he could not perform his duties.

He argued that FUL's application was based on hearsay evidence, media reports, rumours and innuendo.

FUL had argued that Mdluli should have done the honourable thing and asked for extended leave, but Motloung said his client had a right to defend himself and his position.

He said the Labour Court was already dealing with the matter and it was not for FUL to approach the High Court because it did not trust the Labour Court.

He said Mdluli was an ordinary employee and not a political appointee and that his employer/employee relationship was at stake.

FUL had no business to interfere in such a relationship, he said.

Motloung said that even if all of the officials who decided not to charge his client were wrong Mdluli should not be used as “a football to throw around”.

He told the court that, should FUL's application be granted, Mdluli could remain suspended for years.

He argued that FUL had deep pockets and overseas sponsors and could afford to let the review application drag on for years.

“It doesn't matter that he will be paid while sitting at home, he's entitled to due process,” Motloung said. - Sapa