Former Crime Intelligence boss Richard Mdluli will today know his fate in a 1999 kidnapping case after his bid for permanent stay of prosecution was dismissed.

Mdluli and Mthembeni Mthunzi appeared in the South Gauteng High Court where Mdluli faces charges of kidnapping of Oupa Ramogibe in 1999.

Ramogibe allegedly had an affair with Mdluli's former lover, Tshidi Buthelezi.

Buthelezi and Ramogibe married "secretly" on July 22, 1998.

Ramogibe allegedly received death threats after marrying Buthelezi and was told to leave her or he would be killed.

He opened an attempted murder case before his death, but was eventually killed.

Mdluli argued that he was prejudiced in the matter where he and Mthunzi face charges of kidnapping, intimidation, assault with intent to do grievous bodily harm, and defeating the ends of justice.

The pair pleaded not guilty.

Mdluli argued that it took the state 13 and half years for him to be hauled before the courts.

In addition, Mdluli alleged that the allegations against him were false and were part of a conspiracy formulated by his superiors to "get at him".

Judge Ratha Mokgoatlheng dismissed the application and said the charges Mdluli and Mthunzi faced were lawful.

"I do not find that there was prejudice in the pre-trial phase.

"I also find that the delay in bringing the charges had a minimal impact on the matter itself, there was no prejudice. The charges were lawful, despite Gen Mdluli's lawyer having approached the DPP to apply for a stay of prosecution," Mokgoatlheng said.

The judge said the delay was justifiable and in accordance with the law.

Mokgoatlheng is expected to hand down judgment on whether Mdluli and Mthunzi are guilty of kidnapping Ramogibe.