The Gauteng High Court, Pretoria, has ruled against former crime intelligence chief Richard Mdluli’s request for a postponement of his trial while waiting for the outcome of his leave to appeal.
This comes as the National Prosecuting Authority (NPA) reported that Mdluli’s legal woes are compounded by the South African Police Service’s (SAPS) refusal to cover his legal expenses — a request the court also dismissed.
In a statement released on Monday, NPA regional spokesperson Henry Mamothame revealed that Mdluli’s attorney withdrew from the case, citing financial constraints faced by the accused.
Mdluli, along with former SAPS supply chain manager Heine Barnard and chief financial officer Solomon Lazarus, is facing serious accusations of corruption, fraud, and theft connected to a police “slush fund” during their tenures at the Crime Intelligence Services from 2008 to 2012.
“Judge Mudunwanzi Makamu, while dismissing Mdluli’s application, emphasised that the case has lingered in the court system for an extended period, which unfairly prejudices the two other accused, who have expressed their readiness to proceed with the trial,” Mamothame said.
The judge stated: “Mdluli’s leave to appeal presents numerous uncertainties that may compel him to seek further appeal with the Supreme Court of Appeal (SCA) or the Constitutional Court if the ruling does not favour him.”
As a consequence, the judge has postponed the matter to Tuesday, providing Mdluli the opportunity to approach Legal Aid South Africa to determine his eligibility for legal assistance.
Mdluli’s controversial history includes his release on parole in 2022 after serving five years for the kidnapping and assault of his former partner, Tshidi Buthelezi, and two others in 1998.
His eligibility for parole stemmed from the nature of the offence, categorised under the “Phaahla judgment” regime for crimes committed before October 1, 2004.
This year has marked a frustrating 13th anniversary for Mdluli since his initial arrest on fraud and corruption charges, a situation that has drawn the ire of Judge Papi Masopa.
In June, Judge Masopa underscored the importance of commencing the trial, regardless of Mdluli’s pending appeal for SAPS to fund his legal fees, declaring that the trial would move forward as scheduled.
The Star