537 Richard Mdluli is seen siting with an unknown friend at the Botshabelo stadium in the Free State during the May Day celebrations. 010512. Picture: Bongiwe Mchunu

The DA's request for a parliamentary debate on sidelined crime intelligence boss Richard Mdluli has been thwarted by apparent legal considerations, it said on Sunday.

“The Speaker of the National Assembly, Max Sisulu, has refused my request for a debate of public importance on the ongoing Mdluli saga on the basis of the matter now being sub judice,” said Democratic Alliance parliamentary leader Lindiwe Mazibuko.

The DA believed this to be without basis and that it amounted to “the improper extension of the sub judice rule”, she said.

Mazibuko said the Mdluli matter was already in the public domain and was the subject of extensive media coverage.

“Raising this information in Parliament cannot be seen to influence any decision against Mr Mdluli,” she said.

Mazibuko said she planned to write to Sisulu to ask for his reasons for the belief that parliamentary debate would infringe on the administration of justice in Mdluli's case.

“I will use this response to determine whether the DA will seek a judicial review of his decision not to grant a debate,” said Mazibuko.

Mdluli is expected to hear whether his suspension will be lifted when judgment in the case is delivered on Monday in the Johannesburg Labour Court.

Last year, Mdluli faced fraud and corruption charges relating to the misuse of a secret crime intelligence fund to buy luxury vehicles, and for hiring family members.

He also faced a murder charge for the death of his former lover's husband Oupa Ramogibe. The charges led to his initial suspension.

All the charges were withdrawn and Mdluli was reinstated in March.

Police Minister Nathi Mthethwa later moved Mdluli to a different division, but then acting police commissioner Lt-Gen Nhlanhla Mkhwanazi opted to suspend him again.

The Labour Court lifted the suspension on June 1, but less than 24-hours later the decision was overturned by the same court.

Freedom Under Law was later granted an urgent interim interdict to prevent Mdluli from performing any duties as a police official, pending an application to reinstate criminal and disciplinary charges against him. - Sapa