CONTROVERSIAL former crime intelligence boss Richard Mdluli has been interdicted by the North Gauteng High Court from performing any duties as a police officer.
The order also prevents Police Minister Nathi Mthethwa and acting police boss Nhlanhla Mkhwanazi from assigning him any functions.
Judge Ephraim Makgoba ruled that the fact that Mdluli is currently under suspension had no effect on what rights group Freedom Under Law (FUL) was asking for.
“On what basis should [Freedom Under Law] believe or trust that this time around, the present suspension will not be uplifted?” Makgoba asked.
He ruled that it would be “unconscionable” for Mdluli to continue with his duties while he faces such serious allegations.
Lawyers for Mdluli and Mkhwanazi yesterday argued that the application by FUL for an urgent interdict was “academic” because Mdluli had already been suspended.
But Makgoba dismissed this argument, saying they had “missed the point”.
“Freedom Under Law does not seek an order for suspension; instead it seeks an order to prevent [Mdluli] from working, with a view to protecting the integrity of the investigations into him,” said Makgoba.
Makgoba said that the allegations against Mdluli were no ordinary “allegations of misconduct” and it was of considerable public interest that the matter be resolved.
“Murder, defeating the ends of justice, fraud and money laundering are serious criminal acts which go to the fabric of public order and security” he said.
Makgoba said the factual allegations made against Mdluli by FUL “have not been specifically dealt with or denied” by the respondents.
The next part of FUL’s case will involve an application for a review of four decisions made by authorities, including the dropping of murder and corruption charges against Mdluli, his reinstatement and the decision to stop the disciplinary hearing aginst him.