Mdluli's fate in limbo

Suspended SAPS general Richard Mdluli's fate will be decided by a high court

Crime Intelligence head Richard Mdluli appeared at the Boksburg Magistrates Court on 24 June 2011. He is accused of masterminding a murder over a decade ago. Picture: Barry Bateman/EWN

JOHANNESBURG - Policeman Richard Mdluli has to wait for a high court to finalise his application to overturn his suspension before returning to work.

On Monday, Mdluli failed to convince the Labour Court to resume his duties.

Earlier this month, the North Gauteng High Court granted Freedom Under Law (FUL) an order that prevents Mdluli from executing any duties as a police officer.

Judge Andre van Niekerk chose to not get involved further in Mdluli's ongoing tussle with the South African Police Service (SAPS).

Van Niekerk ruled that the Labour Court could not make a finding on Mdluli's suspension until the high court process has been finalised.

"In these circumstances, it is neither necessary nor appropriate for me to make a finding on the merits of the applicant's claim."

The judge stayed the application, meaning Mdluli remains suspended.

But the policeman applied for leave to appeal against the Pretoria court ruling which was in FUL's favour.

FRAUD, CORRUPTION AND MURDER

Mdluli faces allegations of corruption and fraud relating to the misuse of funds belonging to the SAPS Crime Intelligence unit.

He is also accused of hiring and promoting relatives.

The controversial policeman was further implicated in the 1999 murder of Oupa Ramogibe, the boyfriend of his former lover.

The former top cop was first suspended in 2011, pending the outcome of investigations into the same allegations.

All charges were withdrawn in March and Mdluli was reinstated as head of crime intelligence.

But in May, Police Minister Nathi Mthethwa announced that Mdluli would be shifted to a position in the office of the deputy national police commissioner.