Mdluli fails to answer FUL

Gen Richard Mdluli's attorney has written to the attorneys for Freedom Under Law today, asking for their last-minute ‘condonation' of his failure to file his answering affidavit to FUL's interdict application, due today.

In response FUL pointed out that condonation for Gen Mdluli's failure to act as required is a matter for the court to hear the application on Tuesday, not for it. FUL called upon Mdluli to file his answer immediately.

Whether he does or not, the case will proceed on Tuesday.

In the meanwhile, an answering affidavit has been filed on behalf of SAPS deposed to by its acting Commissioner. It disputes none of the allegations concerning the evidence against Gen Mdluli in relation to matters ranging from murder and kidnapping to corruption and money-laundering. However the Commissioner contends that the matter is ‘not urgent'.

In another development today, the State Attorney has written to FUL's attorneys notifying them that Gen Mdluli has himself now launched an urgent application in the Labour Court attacking his suspension earlier this week by the acting Commissioner, after FUL had lodged its High Court application. The State Attorney has invited FUL's intervention in the suspension battle.

FUL is considering that prospect. But in the meanwhile it has responded to the State Attorney that it continues to seek a simple temporary interdict in the High Court which is not tied up with the question whether Gen Mdluli has or has not been duly suspended under the Police Act and regulations.

FUL's case is that Gen Mdluli should be interdicted by the High Court from performing a single act as a police officer (and the Commissioner and Police against giving him any task) until such time as FUL's pending judicial review of the series of decisions in recent months by police authorities and the NPA to withdraw the criminal and disciplinary charges against Gen Mdluli can be adjudicated.

Dr Mamphela Ramphele today deposed to a replying affidavit on behalf of FUL.  In addition, Corruption Watch and the Social Justice Coalition have lodged applications to join FUL's application as amici curiae.

To access the full court papers, click here.

Statement issued by Freedom Under Law, June 1 2012

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