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Johannesburg - The NPA and SAPS have filed an application for leave to appeal the court order to reinstate criminal charges against former police crime intelligence boss Richard Mdluli, the New Age reported on Thursday.
The documents were filed in the High Court in Pretoria on Tuesday and the SA Police Service and National Prosecuting Authority wanted the ruling by Judge John Murphy set aside.
According to the report, they argued the verdict denied Mdluli the right “not to be subjected to unfair labour practice”.
The appeal papers read: “The learned judge's order offended against separation of powers, principles of labour law, and the South African Police Service employment regulations.”
The State argued that there was no legal justification for the judge to order national police commissioner Riah Phiyega to institute disciplinary proceedings against Mdluli, the newspaper reported.
The SAPS said the matter should have been remitted to Phiyega who would have decided whether the disciplinary proceedings would be reinstated.
On September 23, the court ruled that all fraud and corruption charges levelled against Mdluli be reinstated and that Phiyega take steps to reinstate disciplinary charges against him.
Murphy set aside a decision made last year to reinstate Mdluli as head of crime intelligence. He also turned around the case surrounding Oupa Ramogibe.
Ramogibe, who married Mdluli's ex-lover, was killed in 1999. His family suspected that Mdluli was behind his death but Mdluli was cleared of any involvement and the case was sent for inquest instead of prosecution.
Murphy said this was dubious and he set the decision aside because there were affidavits from seven witnesses who alleged they personally witnessed Mdluli threatening to kill Ramogibe, or threatening and assaulting other people. - Sapa