State to argue on why Richard Mdluli and his co-accused should be jailed
The state will on Friday present arguments on what an appropriate sentence for former crime intelligence boss Richard Mdluli and his co-accused Mthembeni Mthunzi would be.
Mdluli and Mthunzi were in 2019 each convicted on two counts of assault, two counts of kidnapping and two of assault with intent to commit grievous bodily harm.
The case relates to the assault of Mdluli's customary wife, Tshidi Buthelezi, and her boyfriend, Oupa Ramogibe, in 1998.
Mthunzi, now 60, accompanied Mdluli to a house in Vosloorus where they also assaulted Alice Manana, forcing her to reveal the whereabouts of Buthelezi and Ramogibe.
The state had indicated on Wednesday, during the presentation of pre-sentencing reports by probation officers — which recommended that non-custodial sentences should be imposed on Mdluli and Mthunzi — that it will argue for custodial sentences.
On Thursday, the high court heard arguments from lawyers for Mdluli and Mthunzi on what an appropriate sentence should be.
The attorney for Mthunzi, Sabelo Nobangule, said correctional supervision would be an appropriate sentence for his client, while Mdluli’s attorney Ike Motloung suggested that a fine was appropriate.
Motloung said apart from two probation officers' reports that recommended correctional supervision, there were no witnesses presented by the state to show that a custodial sentence was an appropriate one.
“For 22 years, assuming he did it, he stayed on the straight and narrow. I would not argue against a suspended sentence,” Motloung said.
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