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Murder charges against Mdluli should've been pursued, Zondo inquiry hears

Richard Mdluli appeared in court on Thursday where sentencing proceedings against him and co-accused Mthembeni Mthunzi were postponed until November.

FILE: Richard Mdluli. Picture: Barry Bateman/EWN

JOHANNESBURG - The state capture commission heard how the decision not to charge former Crime Intelligence (CI) head Richard Mdluli was without merit and that there was sufficient evidence to proceed with the case.

Mdluli appeared in court on Thursday where sentencing proceedings against him and co-accused Mthembeni Mthunzi were postponed until November.

In July, they were found guilty of charges related to the 1999 kidnapping and assault of Oupa Ramogibe who was married to Mdluli’s former lover.

On Thursday, Hawks colonel Kobus Roelofse said he was personally involved in the Ramogibe case.

“The final charges did include the murder and attempted murder but when it was sent to Advocate [Andrew] Chauke for his final decision, he withdrew the charges and were charged with the other charges.”

Roelofse told Deputy Chief Justice Raymond Zondo that murder charges should have been pursued.

“The facts were exactly the same. As the investigator, I was satisfied [that the charges should be pursued].”

Meanwhile, the commission also heard how Crime Intelligence simply refused to co-operate with the Hawks investigators and in fact obstructed their investigation of Mdluli.

Roelofse claimed his investigation of Mdluli was obstructed when he needed documents declassified.

“Chair, I was informed that my requests would not be attended too. Crime Intelligence wanted to know how and why I gained access to the classified documentation. This response from Crime Intelligence was not expected because, during September 2011, the unit agreed on the handing over of documents required for the IC investigation,” he said.

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