10/04/2012 Crime Intelligence boss, Richard Mdluli during a wreath laying ceremony for fallen intelligence civilian community at the State Intellegence Agency's headquarters in Pretoria. Picture: Phill Magakoe





A charge of murder and attempted murder relating to the 1999

killing of Oupa Ramogibe will not be reinstated against former crime intelligence boss Richard Mdluli, Freedom Under Law (FUL) said on Wednesday.

Charges that had been reinstated by the National Prosecuting Authority against Mdluli included assault, intimidation and defeating the ends of justice, said FUL chairman Johann Kriegler.

"The information from the National Director of Public Prosecutions 1/8NDPP 3/8 is that... in respect of the violence charges related to the murder, the prosecution is being reinstated in respect of all of the charges except for the murder charge," he said.

"The murder and attempted murder charges are not proceeding."

FUL was also informed that the NDPP had instructed senior prosecutors to review the possibility of reinstating fraud and corruption charges against Mdluli.

"But that hasn't happened yet. That is the only information I can give you. I have no idea when things are likely to happen."

On Tuesday night, the NPA confirmed that some charges had been reinstated against Mdluli, but could not reveal which ones.

Mdluli was suspended amid allegations of fraud and corruption, and charges relating to the murder of his ex-lover's husband Ramogibe in February 1999.

In the 15-year-old case, Mdluli and three others were initially accused of killing Ramogibe, as well as charges of intimidation, kidnapping, assault with intent to do grievous bodily harm, attempted murder, and conspiracy to commit murder.

Ramogibe allegedly received death threats after marrying Mdluli's former girlfriend and was told to leave her or he would be killed. He opened an attempted murder case before his death. At the time, Mdluli was the station commander of the Vosloorus police station in Boksburg, east of Johannesburg, and was accused of sabotaging the investigation.

The charges of kidnapping and assault relate to allegations that he intimidated and assaulted the family and friends of his ex-lover to find out where she had moved when she got married.

The fraud and corruption charges, meanwhile, relate to a different time in Mdluli's life in his capacity as head of the crime intelligence unit. He is accused of employing family members and friends as intelligence operatives, and misusing police funding to buy luxury cars.

The fraud and corruption charges were withdrawn on December 14, 2011, and in March 2012, Mdluli was reinstated as head of crime intelligence.

A month later, the NPA provisionally withdrew the murder charges, pending an inquest into the matter.

In May that year, then police minister Nathi Mthethwa announced Mdluli would be transferred from crime intelligence to the office of the deputy national police commissioner for operations.

Later, he was suspended for a second time when allegations emerged from the inquest into Ramogibe's murder. In November 2012, the inquest cleared him of any involvement in the murder.

In April, the Supreme Court of Appeal (SCA) upheld a high court ruling against the withdrawal of fraud and corruption charges against Mdluli.

The SCA said it could not immediately order the reinstatement of criminal prosecution and disciplinary proceedings, as this would constitute undue interference with the executive and a transgression of the separation of powers.

FUL had sought an order in the High Court in Pretoria to set aside the decisions and reinstate the charges against Mdluli.


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