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Pretoria – The Democratic Alliance on Tuesday welcomed the sentencing of former criminal intelligence unit chief Richard Mdluli and his accomplice Mthembeni Mthunzi on charges of kidnapping, assault with intent to cause serious bodily injury and intimidation.
Mdluli and his former colleague Mthunzi have each been sentenced to five years in prison.
Although Mdluli’s request for authorization to appeal has been denied, his legal representative has indicated that they will fight the sentence.
DA Justice spokesman Glynnis Breytenbach said that until his removal from the South African Police Service (SAPS) in January 2018, Mdluli lived “a haunted existence, unaccountable for his criminal actions for years, thanks to their strong political connections “resulting protection.
“While it is now clear that a strong criminal case existed against him and his accomplice, the case was dropped by the prosecution (via) Nomgcobo Jiba and Andrew Chauke in highly questionable circumstances, and was later referred for investigation after Freedom Under Law will apply significant pressure. What is not clear is why he was not charged with murder, ”said Breytenbach.
She said that in the scathing sentence, Judge Ratha Mokgoatlheng described the “gross and criminal abuse” of power by Mdluli and Mthunzi, who were senior policemen.
“The matter has taken too long to resolve, almost two decades, and has required enormous pressure from civil society and the unwavering dedication of the investigating officer to mobilize the authorities long enough to do their job and prosecute the case. It is an accusation against the criminal justice system that was allowed to escape responsibility for so long.
“Having said that, the prosecution on this matter has done an excellent job presenting a case that was based on evidence that was so old,” said Breytenbach, a former senior prosecutor for the National Tax Authority (NPA).
“The NPA must get its due for a successful prosecution, albeit too late. Mdluli was about to get away with his criminal abuse of power, and it is very satisfying to see justice finally done. He still faces charges in the Commercial Crimes Court for fraud and theft.
“Finally the chickens are coming home to roost for Richard Mdluli, who quite pathetically claims to be too old and vulnerable to serve a prison sentence. This is not a courtesy that he offered to his victims, and it is time he received what he deserved. “
The prosecutor said the successful prosecution demonstrated the important role civil society can play in demanding accountability, citing pressure exerted by Freedom Under Law, through a series of legal challenges, “to compel the NPA to do its job. , albeit reluctantly. “
Breytenbach said that without the pressure, Mdluli would have continued to act with impunity.
“The direct custody ruling confirms that our courts will not tolerate the lawlessness that pervades our society, and that if the SAPS investigates matters efficiently and the NPA prosecutes matters effectively, then the crime does not pay and, in fact, there are consequences for criminal behavior, “she said.
Mdluli and Mthunzi were found guilty in July 2019 of two counts of kidnapping, two counts of common assault, and two counts of assault with intent to cause serious bodily harm.
The charges were related to the kidnapping and assault of the deceased Oupa Ramogibe and Alice Manana in 1998.
Ramogibe was tracked down after eloping and secretly marrying Mdluli’s common law wife, the late Tshidi Buthelezi.
Manana was abducted from her home and forced to point out where Ramogibe and Buthelezi were hiding. She took them to a house on Orange Farm.
Judge Mokgoatlheng sentenced the couple to three years each for kidnapping, two years for serious bodily injury and one year for common battery.
He decided that the charges of kidnapping and common assault should be executed at the same time, while the two for serious bodily harm should be executed separately.
African News Agency
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