High court paves the way for criminal case against former spy boss Richard Mdluli

The Gauteng High Court on Monday heard an application brought by the Investigative Directorate (ID) against former Crime Intelligence (CI) boss Richard Mdluli for unreasonable delays.

After hearing arguments from the State and the defence, Judge Mokhine Mosopa ruled that the case be postponed to 20 September for pre-trial and ordered Mdluli to file any applications before this date.

The section 342A application was lodged by the State on grounds of unreasonable delays relating to Mdluli bringing a review application against his former employer, the SA Police Service (SAPS), which declined to pay his legal fees. 

Mdluli and co-accused Heine Barnard (former CI supply chain manager) and Solomon Lazarus (former chief financial officer of the State Security Agency) face an array of charges that include fraud, corruption and contravening the Prevention and Combating of Corrupt Activities Act. The alleged crimes were committed between 2008 and 2012.

Advocate Awie du Plooy asked that the matter against his clients, Barnard and Lazarus, be struck from the roll. He said the many delays had placed a mental and financial strain on his clients. Judge Mosopa rejected the application. 

Mdluli is currently serving a five-year sentence handed down by the Johannesburg High Court in September 2020 after he was convicted on kidnapping and assault charges dating back to 1998. Mdluli applied for leave to appeal against the sentence but his application was denied.

On 22 February, Mdluli’s attorney, Ike Motloung, informed the court that he had instructions to take the SAPS’s decision not to pay Mdluli’s legal fees on review, and the State indicated that they would bring an application in terms of section 342A of the Criminal Procedure Act.

On 11 April, when the State made enquiries with the Head, Litigation and Administration of the SAPS, they were informed that Mdluli had not filed a review application.

The pre-trial conference for the State and defence to sort out any documents relating to the matter will be held on 20 September. A trial date will then be set. DM