Sexwale affidavit on Mdluli stolen

Richard Mdluli

Richard Mdluli

Published May 9, 2012

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One of the documents taken in a robbery at advocate Muzi Sikhakhane’s home in Northcliff, Joburg, was an affidavit penned by Tokyo Sexwale which accused crime intelligence boss Richard Mdluli of abusing state resources.

The affidavit, which was to have been handed in to Public Protector Thuli Madonsela, called on her to probe Mdluli’s use of resources to investigate an alleged plot by ANC leaders to unseat President Jacob Zuma.

Three weeks ago, a gang broke into Sikhakhane’s home and took several documents, an old computer and two cars, but left other valuables and booze.

It has been alleged that the incident was related to Sikhakhane’s involvement in the matter against Mdluli, who is tipped to become the next national police commissioner.

It is believed this was a plot to distract his lawyers and delay the launch of a probe.

Sexwale has taken legal action against Mdluli after he accused him of being involved in a plot to overthrow Zuma.

In an affidavit seen by The Star, Sexwale calls on Madonsela to probe Mdluli for “possible abuse of state power and resources”.

He said the allegations accusing him and other ANC officials of plotting to oust Zuma were a fabrication. But he was concerned Mdluli’s investigation constituted a serious abuse of state resources.

“Mdluli occupies a very sensitive position in society and within the state. An abuse of his position has serious implications for the country and citizens. It also constitutes a serious conflation of state and party.”

Sexwale also wanted to know if the SA Police Service or government officials had tasked Mdluli to investigate the alleged plot and how much had been spent on the probe.

The affidavit read: “Such unlawful investigation constitutes an abuse of state resources since it was an investigation into (the) internal affairs of a political party.”

Sexwale added in the affidavit: “There is a reasonable suspicion that Mdluli, in his capacity as head of crime intelligence, may continue to abuse his power since he has been reinstated back to his job after his suspension.”

Mdluli was suspended last year after murder charges were lodged against him. They were later followed by fraud and corruption charges. However, the charges were dropped and he was reinstated.

Several ministers who spoke anonymously said they had informally expressed their displeasure at how Mdluli and his factional fights with his colleagues were de-stabilising the police service.

The Sunday Tribune reported at the weekend that one minister, who could not be quoted because she could not discuss “internal matters publicly”, had said some of her colleagues had told her they feared speaking openly on their phones.

“Mdluli comes to mind when we want to discuss private thoughts (and ideas) with (fellow cabinet) members or any other person. We are supposed to be in charge of the country but we live in fear of this (Mdluli) guy,” she said.

It was revealed in Parliament that Mdluli, as head of crime intelligence, approves police applications for the interception of communications even before they go to a judge as required by law, effectively shackling the Hawks.

Another minister, who also cited “protocol and fear” for not speaking publicly, said some of his comrades had become suspicious and distrustful of their own bodyguards because “of the Mdluli thing”. He said: “We used to feel protected; now we feel followed.”

Another cabinet member anonymously said there was an atmosphere of fear and that it was sad when members of the highest authority could not trust the police.

The police said no arrests had been made in connection with the robbery at Sikhakhane’s house.

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