There are strong moves to stop the return of controversial top cop Richard Mdluli and force him to answer to a myriad serious charges, including murder and fraud, in a court of law.
Mdluli, the national head of crime intelligence, was reinstated this week following a decision by the National Prosecuting Authority (NPA) to drop charges against him.
His reinstatement could be blocked by NGOs prepared to go to court to make sure the man tipped to replace national police commissioner Bheki Cele is investigated.
Mdluli, a confidant of President Jacob Zuma, authored a controversial report about ANC heavyweights conspiring against the president.
The Institute for Accountability’s Paul Hoffman said he had been in contact with NGOs including the Helen Suzman Foundation, the Institute for Race Relations and FW de Klerk’s Centre for Constitutional Rights with a view to devising strategies to challenge the withdrawal of fraud charges against Mdluli.
“In the face of a recommendation by the inspector general for intelligence and the senior prosecutor designated to the case that they be pursued, the reasons for withdrawing the charges remain mysterious and unexplained,” Hoffman said.
“They seem prima facie to be in violation of all three provisions of Section 1D of the constitution: openness, accountability and responsibility.”
Hoffman said if none of the NGOs was in a position to take the lead role in seeking to have the decision reviewed, he would approach the institute’s trustees to launch proceedings.
Also expressing reservations was National Assembly police committee chairwoman Sindi Chikunga, who said the matter may well be investigated when the police department appears before her committee later this month.
“Surely, we will have to look at it,” Chikunga said, adding that Parliament’s joint standing committee on intelligence might follow suit.
But despite the upsurge of protest, both the Ministry of Police and the NPA appear to have closed the book on allegations of maladministration and nepotism against Mdluli, who this week returned to work with a clean bill of health in the face of a damming internal investigation report itemising apparently systematic fraud on a massive scale.
Mdluli is widely believed to be a key Zuma ally in the security services, and has been tipped to take over as national police commissioner if the ongoing hearing into suspended commissioner Cele results in the latter’s removal from office.
As a provincial crime intelligence boss, Mdluli was a key mover in the police’s Operation Destroy Lucifer launched against the now defunct Directorate of Special Operations.
He was also instrumental in declassifying an intelligence document which alleged that Human Settlements Minister Tokyo Sexwale and other senior ANC figures were plotting against Zuma.
In an earlier intervention in the Mdluli saga, pending charges of murder against the intelligence boss were deflected by the intervention of the NPA, when the decision was taken to refer the 1999 death of a rival of Mdluli in a love triangle to an inquest rather than an active prosecution.
Published on the Mail & Guardian’s website on Friday, the 12-page report of an internal investigation by Major-General Mark Hankel paints a picture of Mdluli using police slush funds as a piggy bank for himself, his family and the KwaZulu-Natal-based family of an unnamed prominent South African.
According to the Hankel report, other benefits derived by Mdluli and his cronies included:
l Virtually unlimited travel.
l Informer fees without any operational documentation to justify payments.
l The use of a wide variety of police undercover vehicles.
l Access to police safe houses, some of them located in popular resort destinations like Gordons Bay, again without any operational justification.
On the basis of his investigations, Hankel was unambiguous in recommending further action.
“It cannot be disputed, based on what has now been discovered, that significant irregularities have occurred around the tenure of Lt Gen Mdluli… and even during the tenure of then (assistant commissioner) MN Mphego. It is in the interest of crime intelligence, its credibility and its integrity to ensure that no criminal or corrupt practices occur,” the report read.
Hankel’s report was signed off by then acting crime intelligence head Major-General Chris de Kock.
The report was compiled last year for Inspector-General of Intelligence Faith Radebe, who had been asked by the NPA to investigate after its commercial crimes head advocate Lawrence Mrwebi dropped fraud charges against Mdluli due to lack of evidence.
However, on March 19, Radebe wrote to the NPA, rejecting Mrwebi’s arguments for withdrawing the charges, and referred the matter back to the SAPS and NPA for a full investigation.
NPA spokesman advocate Mthunzi Mhaga yesterday said that Mrwebi stood by his decision.
“He affirms his earlier decision of recommending to the police to refer the matter to the inspector-general (of intelligence), whose office has a clear mandate in terms of the Intelligence Oversight Act 40 of 1994 to investigate such matters. He has written to the police in response to the inspector-general’s letter, reaffirming his decision,” Mhaga said.
Police Minister Nathi Mthethwa’s spokesman Zweli Mnisi said yesterday that allegations the minister had been in touch with the inspector-general of intelligence were “purely fabrication”. - Marianne Merten and Ivor Powell