It has been 13 years since former crime intelligence boss Richard Mdluli was arrested on charges of fraud, corruption, and theft. Yet, the trial has yet to get under way.
The delays have irked Judge Papi Masopa, who has ordered the National Prosecuting Authority (NPA) to immediately obtain a date for the trial to proceed.
Mdluli and his two co-accused, former South African Police Service (SAPS) supply chain manager Heine Barnard and chief financial officer Solomon Lazarus, are facing charges of corruption, fraud and theft .
The charges stem from their time of employment by the state, between 2008 and 2012, when they were at the helm of the police crime intelligence services.
All three accused face charges related to the alleged abuse of the polices secret slush fund.
The allegations include the payment of private trips to China and Singapore, the private use of witness protection houses, and the leasing of Mdlulis private residence to the state in order to pay his bond.
Among other allegations, it is claimed that during one of Mdlulis trips to Singapore in 2009, he allegedly used some of the funds for personal expenses, buying electronic equipment, clothing, jewellery, and perfume.
Arrest and withdrawing of charges
Mdluli was arrested in 2011, and a month later, he successfully applied for charges to be withdrawn against him. However, in 2014, the Supreme Court of Appeal set aside the decision to withdraw charges.
This resulted in the matter being reinstated and served before the Specialised Commercial Crime Court, Pretoria, in April 2015.
The matter was struck off the roll in July 2015. The court ordered that the matter can only be enrolled if certain documents can be disclosed to the defence after they were to be declassified.
This was only done in July 2019 and it was then enrolled in August 2020.
Mdluli wants SAPS to pay for his medical fees
After the matter returned to the high court, Mdluli applied for legal funding from the police as he said the charges relate to the time that he was in the employment of the SAPS.
However, police have refused his application to fund his defence and argued that the charges he was facing had nothing to do with them.
He took SAPSs decision not to pay his legal fees on review, the application hasnt been heard.
In May 2022, the State brought an application in terms of section 342A of the Criminal Procedure Act for unreasonable delay in the trial from Mdlulis legal team.
The State said it of the view that Mdluli is deliberately delaying the trial.
Fed up with the delays, Judge Mosopa said that the criminal trial would proceed, even if Mdlulis review application had not yet been determined.
The judge said Mdluli can approach the office of the Deputy Judge President regarding a date when his review application against SAPS refusal to pay his fees can be heard.
Mdluli released on parole for kidnapping
In July 2022, Mdluli was released on bail after he was sentenced to five years imprisonment for kidnapping , assault, and intimidation, on September 29, 2020.
Mdlulis charges emanate from the assault and kidnapping of Oupa Ramogibe, in 1998.
Ramogibe used to date Mdlulis lover Tshidi Buthelezi.
Ramogibe was shot in 1999, and no one was ever convicted of his murder. Mdluli has been accused of sabotaging the investigation.
Buthelezi also died in 2003, after an illness.
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