The State's decision not to pay the legal fees of crime intelligence boss Richard Mdluli for the inquest into the death of his former lover's husband, was welcomed by the Freedom Front Plus on Monday.
“The party had earlier this month asked the Minister of Justice Jeff Radebe to decline the application of Mdluli as the case did not arise from Mdluli performing his duties,” spokesman Pieter Groenewald said in a statement.
“Section Three of the State Prosecutors' Act only provides for cases where action or legal assistance is in the public's interest or where the state has an interest in the case.”
On Monday, the inquest was postponed to September 3 by the Boksburg Magistrate's Court.
Magistrate Jurg Viviers said the rights of all parties to the inquest should be taken into consideration.
“With or without legal representation this matter is going ahead on September 3. I am setting aside a month. We are not going beyond September. It's costing a lot of money. Everyone has enough time to prepare,” Viviers said.
Mdluli's attorney Ike Motloung told the court: “I am disappointed to inform the court that we received a written reply to say that the application for State funding has been declined.
“I already have instructions at looking at the possibility of taking the decision on review.”
On May 28, the court would get an update on the decision on the review for financial assistance.
Criminal charges against Mdluli and his alleged accomplices Samuel Dlomo, Col Nkosana Sebastian Ximba, and Lt-Col Mtunzi-Omhle Mthembeni Mtunzi were provisionally withdrawn in February, pending the outcome of the inquest.
The initial charges against them were intimidation, kidnapping, assault with intent to do grievous bodily harm, murder, attempted murder, and conspiracy to commit murder.
The charges related to the killing of Mdluli's ex-lover's husband Oupa Ramogibe, in 1999. At the time of the crime, Mdluli was branch commander of the Vosloorus police station.
On April 10, the court heard that 39 witnesses were to testify during the inquiry.
Viviers said witnesses might have distorted memories as too much time had elapsed. Seven witnesses have been placed in the costly witness protection programme.
Motloung asked if the court could clarify that Mdluli was not a suspect.
“This is not a criminal matter. General Mdluli and the others are not suspects, they are witnesses like the rest,” he said.
Viviers said the inquest would be dealt with on a day-to-day basis in September. - Sapa