ConCourt ruling sees former crime intelligence boss Mdluli acquitted of intimidation
A ruling by the Constitutional Court which found parts of the Intimidation Act to be unconstitutional has allowed former crime intelligence boss Richard Mdluli off the hook on four counts of intimidation.
The high court in Johannesburg on Thursday acquitted Mdluli of four counts of intimidation which it had earlier found him guilty of.
Mdluli’s defence and the state submitted to the court that the recent Constitutional Court judgment had thrown a spanner in the works.
After hearing representations from the state and Mdluli’s lawyer, Ike Motloung, judge Ratha Mokgoatlheng said he agreed with their submissions.
“An order is made by the court that the accused ... is acquitted of four counts. We shall proceed with the others,” he said.
Mokgoatlheng had earlier found Mdluli guilty of four counts of intimidation, two counts of kidnapping, two counts of common assault and two counts of assault with intent to do grievous bodily harm.
His co-accused, Mthembeni Mthunzi, was found guilty of two counts of kidnapping, two counts of common assault and two counts of assault with intent to do grievous bodily harm. They were both acquitted of the intimidation of Tshidi Buthelezi's friend Alice Manana, and defeating the ends of justice.
Mdluli had a long-term relationship with Buthelezi, dating back to his school days. During her relationship with him, she met Oupa Ramogibe and they began a relationship. They eventually got married on July 22, 1998.
Between 1997 and 1999, Mdluli allegedly went to extreme lengths to track down the couple.
Mdluli and Mthunzi allegedly kidnapped and assaulted Ramogibe. He was shot dead in 1999. No one was ever convicted of Ramogibe's murder, with allegations surfacing that Mdluli had sabotaged the investigation.
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