Mdluli Judgement Underscores Importance of Active Citizenship

This is a joint statement by the SJC and Corruption Watch

Judge Ephraim Makgoba’s decision to interdict Lt. General Richard Mdluli from his policing duties is a landmark victory for civil society activism and free press.

Corruption Watch (CW) and the Social Justice Coalition (SJC) welcomed Judge Makgoba’s granting of the urgent relief sought by Freedom Under Law (FUL) in the first part of its application to the North Gauteng High Court. The second part of the application will be heard separately on a date provided by the Judge President and will deal with, amongst other issues, the reasons why disciplinary proceedings were withdrawn and why Lt. General Mdluli was reinstated as Head of Crime Intelligence.

It is on these issues that CW and SJC have filed a joint application for leave to intervene as co-applicants. In addition to the grounds raised by FUL, CW and the SJC have asked the Court to review and set aside decisions of the NPA to halt the prosecution of Lt General Mdluli for his alleged involvement in murder and corruption.

SJC’s Zackie Achmat said today’s judgement was a “victory for free press particularly investigative journalism, the independent judiciary… It affirms the importance of active citizenship, civil society and social movement activism.”

The two civil society organizations were congratulatory of the achievements of FUL’s legal team and Judge Magkoba’s firm stance on the matter.

“We are particularly encouraged at the firmness and clarity of the court’s reasoning. The judge made it clear that the SAPS is no ordinary institution, this is no ordinary matter, and Mdluli is no ordinary employee. This matter deserves urgent attention,” said Corruption Watch’s David Lewis

Giving reasons for his decision and referring to allegations leveled against Lt Gen Mdluli, Judge Makgoba pointed out that murder, defeating the ends of justice, fraud and money laundering were serious criminal acts which go to the fabric of public order and security.

“In my view this matter is of considerable public importance [and] the sooner this saga is brought to an end the sooner the credibility of the police, security service and the justice system as a whole can be restored,” said Judge Makgoba.

For more information:

Zackie Achmat on 0834671152

Mandla Majola on 0766098818

David Lewis on 082 576 3748


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