Former crime intelligence boss Richard Mdluli, who was sentenced to a five-year jail term this week for offences which occurred more than 20 years ago, seemed to have an influence which led to these charges being dropped eight years ago. It is believed Mdluli was one of the people in the security space who protected former president Jacob Zuma against his opponents.
Private investigator Paul O'Sullivan claims that even during his suspension between 2012 and 2018, Mdluli was the one who decided who would occupy influential positions in the security cluster.
On March 31 2011, two years after being appointed head of crime intelligence, Mdluli was arrested in connection with the 1999 murder of his love rival, Oupa Ramogibe. He was suspended on May 8 that year.
Following his suspension, members of crime intelligence came forward with information concerning alleged crimes committed by some of its members, including
Mdluli. Mdluli was arrested in September 2011 on charges of fraud and corruption. The charges originated from the alleged unlawful use of funds in the secret service account for the private benefit of Mdluli and his wife.
In November 2011, Mdluli wrote a letter to then president Zuma and the minister of safety & security claiming the charges against him were a conspiracy among senior police officers - including then police commissioner Gen Bheki Cele, and head of the Hawks, Gen Anwa Dramat.
In the letter, Mdluli said in the event he was reinstated "I will assist the President to succeed next year". This was in reference to the forthcoming ANC presidential elections in Mangaung in December 2012.
Mdluli then made representations to Gauteng director of public prosecutions
Andrew Chauke seeking the withdrawal of charges against him.
He also made similar representations to advocate Lawrence Mrwebi, head of the Specialised Commercial Crimes Unit.
Mrwebi withdrew the fraud and corruption charges in December 2011, despite a motivation from advocate Chris Smith, who was dealing with the case, and his immediate superior, advocate Glynnis Breytenbach, that the charges not be withdrawn.
Chauke then withdrew murder and related charges against Mdluli in February 2012 and said he realised there was no direct evidence implicating Mdluli in the murder charge. Chauke decided that an inquest should be held into Ramogibe's death.
The inquest findings handed down in November 2012 found there was no evidence on a balance of probabilities implicating Mdluli in Ramogibe's death.
After the withdrawal of the charges, Mdluli was reinstated as head of crime intelligence but his duties were extended to include responsibility for the unit that protects members of the national executive.
However, Freedom Under Law succeeded in its legal proceedings to set aside the decisions taken by Mrwebi and Chauke to withdraw the charges. The case against Mdluli was reinstated but excluded the murder charge.
The charges he was found guilty on relate to events in 1998, a few months before Ramogibe's death, wherein he and former colleague Mthembeni Mthunzi abducted and assaulted Alice Manana, a friend of Tshidi Buthelezi, Mdluli's customary wife. The two policemen wanted to know from Manana where Buthelezi and her boyfriend, Ramogibe, were.
Manana then accompanied Mthunzi and Mdluli to Orange Farm, where Buthelezi and Ramogibe were found. Ramogibe was then assaulted. In December 1998, Ramogibe was the victim of an attempted murder.
On February 17 1999, Ramogibe and an investigating officer drove to the scene in Mdluli's official vehicle to point out the
attempted murder scene. According to the investigating officer, they were attacked by two unknown assailants at the scene, who shot at them and took away his firearm and the vehicle in which they were travelling. Ramogibe died in the shooting. No one has been apprehended for his murder. Buthelezi died a few years later of natural causes.
I am happy that at least he has been sentenced for something in relation to my brother but unhappy that no-one has been held liable for my brother's death
— Mohau Ramogibe
Ramogibe's brother, Mohau Ramogibe, said this week the family has accepted
Mdluli's sentencing on the lesser charges of kidnapping and assault.
"I am happy that at least he has been sentenced for something in relation to my brother but unhappy that no-one has been held liable for my brother's death."
Ramogibe said the case against Mdluli had brought much suffering to the family as they were split up when they had to go into witness protection in 2011, when Mdluli was initially charged with his brother's murder. They were in the witness protection programme for about seven years.
"After we came back from witness protection between June and December 2018 children had not been coping well in life."
Former deputy director of public prosecutions Willie Hofmeyr believes Mdluli had protection from Zuma as he was appointed head of crime intelligence in August 2009, a few months after Zuma was elected president of SA.
Hofmeyr said the power of crime intelligence at the time was its capability to spy on the president's opponents.
"Part of the issue is crime intelligence - they pick up lots of information on people
illegally, which they can use for their own ends. That is the reason why they had so much power," Hofmeyr said this week.
His eventual protector was Jacob Zuma
— Glynnis Breytenbach
Breytenbach said Mdluli had been able to avoid charges for so long because he had protection from senior prosecutors, who ensured that charges against him in the slush fund case were initially withdrawn.
"His eventual protector was Jacob Zuma. Mdluli made it very clear in the letter he wrote in 2011 that he will assist the president to win the ANC elections. He was a useful friend. He helped the president whenever he needed help," Breytenbach said.
She said she was grateful Mdluli will, later this year, face the charges which were dropped by Mrwebi in December 2011.
"It is about time this case is on the roll. Justice delayed is justice denied. The case should have been heard all those years ago."
She maintained that her troubles at the National Prosecuting Authority (NPA) began when she refused to have the fraud and corruption charges against Mdluli withdrawn in 2011. Following the dropping of the fraud charges against Mdluli, Breytenbach faced 16 charges from the NPA in relation to a mining rights case involving Kumba Iron Ore and Imperial Crown Trading.
In May 2013, she was acquitted on all 16 charges. She resigned from the NPA at the end of January 2014.
O'Sullivan, who launched a criminal case against Mdluli in 2012, described him as "very opportunistic" and said he had been involved in all sorts of "hanky panky" when he was provincial head of crime intelligence.
"I opened a docket against him in 2012 in respect of [hampering] the [former police chief Jackie] Selebi investigation. Mdluli arranged for the telephone bugging of [former Scorpions head] Leonard McCarthy."
He claimed wire taps on McCarthy, initially to prevent the prosecution of Selebi , were later used to curry favour with Zuma in his criminal case.
He became a pointsman. Mdluli would decide who would be chief. He ran the police service from his house in Dawn Park. He was that powerful
— Paul O'Sullivan
Zuma's corruption case was dropped by acting national director of public prosecutions Mokotedi Mpshe in April 2009 following the emergence of the "spy tapes".
O'Sullivan said Selebi had arranged that Mdluli become head of crime intelligence following the departure of crime intelligence head Mulangi Mphego in 2009.
"When I was busy with the Selebi investigation, Mdluli had cops following me. He was provincial head of crime intelligence."
O'Sullivan claimed Mdluli arrested some people he had interviewed for his investigation into Selebi and warned them to stay away from him. "Is that the conduct of a
policeman or a criminal?"
O'Sullivan said once Mdluli became head of national crime intelligence he treated crime intelligence as a personal business.
"He bought houses, renovated and rented them out to crime intelligence. He appointed relatives with no experience as agents."
He said many of Mdluli's relatives were still in crime intelligence and that many people who were illegally appointed and had criminal allegiances were still in posts.
O'Sullivan said between his suspension in 2012 and his dismissal in 2018, Mdluli was not sitting at home "twiddling his thumbs".
"He became a pointsman. Mdluli would decide who would be chief. He ran the police service from his house in Dawn Park. He was that powerful."
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