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Richard Mdluli, former crime intelligence boss, has received a five year prison sentence following his conviction in July last year of kidnapping, assaulting and intimidating Oupa Ramogibe in 1998. Mdluli was the head of Police Crime Intelligence in South Africa from 2009 to 2012 and had become an icon for crime and corruption in the country. While the prison sentence comes a shocking 22 years after Mdluli committed the crimes for which he was convicted last year – his sentencing remains a victory for the South African justice system. – Nadya Swart
Freedom Under Law statement:
Earlier today General Richard Mdluli, former head of Crime Intelligence in the SAPS, was sentenced in the High Court, Johannesburg to an effective five years imprisonment for counts of kidnapping, assault with intent to cause grievous bodily harm, assault and intimidation.
His conviction and sentencing follow a series of legal challenges over several years by Freedom Under Law to decisions which would have given Mdluli impunity and kept him in his crucial post.
The charges against him (with other charges of fraud and corruption) had initially been withdrawn by prosecutors Chauke and Jiba. In 2012 Judge Makgoba granted Freedom Under Law an urgent order directing that Mdluli stand down from his position pending the determination of a review of that decision.
In doing so, the Court stressed that a constitutional democracy could not tolerate a situation in which one of the country’s key crimefighters continued to perform his daily functions while himself facing serious allegations of criminality. That Mdluli had not been finally convicted of these grave crimes was not the issue.
In due course Freedom Under Law’s review of the prosecutors’ decision to withdraw charges too was upheld.
Mdluli’s trial ensued, and has extended over a lengthy period, culminating in today’s sentencing by Justice Mokgoatlheng.
In November, Mdluli will appear in the Pretoria High Court to finally face charges of fraud and corruption relating to the Crime Intelligence slush fund.
Today’s sentencing is an important vindication of the rule of law in that one of South Africa’s most senior police officers has finally been held accountable for some of the crimes he has committed.
It is a cause for reflection that had Freedom Under Law, one of a group of civil society watchdogs active in this way, not challenged the decisions to withdraw charges and to keep former Mdluli at his desk, his impunity would have been assured.
CEO, Freedom Under Law
The sentencing of Richard Mdluli to jail is a huge moment in the clawing back against the state capture project. For years he was untouchable, powerful, pulling the strings. We all thought he was listening to our calls. The wheels of justice have turned slowly but they turned.
— Mandy Wiener (@MandyWiener) September 29, 2020
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