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Freedom Under Law (FUL) will go ahead with its court application for the suspension of former crime intelligence head Lieutenant-General Richard Mdluli, a spokesman said on Wednesday.
This is in spite of acting national police commissioner Nhlanhla Mkhwanazi announcing on Sunday that Mdluli had been suspended.
“FUL's application for the review and setting aside of the decisions to withdraw criminal and disciplinary charges against General Mdluli also continues,” FUL said in a statement.
They would also invite the Minister of the Police Nathi Mthethwa and Mkhwanazi to join their consent order.
FUL spokesman Hugh Corder explained that this was because Mdluli had denied receiving the notice of suspension.
The New Age reported that Mdluli's lawyer Ike Motloung said he was not sure whether an emailed notice of suspension to himself – and not his client – qualified as notice.
Mdluli's lawyer was not immediately available to comment, but Corder explained that the minister and acting commissioner would be invited to consent to a court order that, if granted, would formally suspend Mdluli.
FUL did welcome the announcement that Mdluli was suspended.
On May 9 Mthethwa said Mdluli would be moved from crime intelligence to a position in the office of deputy national police commissioner for operations, Fannie Masemola.
On May 15 FUL filed for an urgent interdict to prevent Mdluli from serving in the police service.
FUL filed this application because they believe the move left Mdluli with the full authority of his rank “despite the serious allegations against him that he had committed an array of offences from murder and kidnapping to corruption and money-laundering”.
On May 27 Mkhwanazi suspended him.
Last year, Mdluli faced fraud and corruption charges relating to alleged misuse of a secret crime intelligence fund to buy luxury vehicles, and hiring family members.
He also faced a murder charge for the death of his former lover's husband, Oupa Ramogibe.
All the charges were withdrawn and Mdluli was reinstated in March as head of crime intelligence, but Mthethwa then moved him. – Sapa