National director of public prosecutions Shamila Batohi has received an undertaking that some of the documents required to have graft charges re-enrolled against former crime intelligence boss Richard Mdluli will be declassified.
Fraud and corruption charges were withdrawn against Mdluli in 2015. According to testimony given by senior Hawks investigator Kobus Roelofse at the inquiry into state capture, the magistrate at the time said the matter could only be placed back on the roll when classified documents were declassified.
The classified documents relate to investigations into how the crime intelligence secret account was abused by, among others, Mdluli, a known ally of Jacob Zuma.
It has taken the better part of a decade for the police to declassify the documents. Roelofse, who was handling the investigation, described to deputy chief justice Raymond Zondo at the state capture inquiry how difficult it was to get Mdluli in the dock on charges relating to the secret account effectively being used as a slush fund.
Roelofse told the commission he was still hitting a brick wall in trying to declassify the documents.
On Tuesday, during a media round-table discussion with Batohi and investigating director Hermione Cronje, Batohi said national police commissioner Khehla Sitole had written to her last week saying he had agreed to declassify “a whole range of documents that we need”.
The fact that Sitole has now agreed was “an indication that things are moving”.
Asked whether the declassification related to the Mdluli matter, Batohi merely said it related to a range of things.
Cronje, however, elaborated, saying the Mdluli matter will now be re-enrolled as it was removed from the roll in the first place because of the classified documents.
“I do think people should know you are not going to be able to hide behind something like declassification to get away with what you have been up to, and there’s a lot of that going on,” Cronje said.
Mdluli will be sentenced in relation to the kidnapping and assault of his former lover’s partner, Oupa Ramogibe, in February 2020 after he was found guilty by the high court in relation to the incident in 1999. The charges were initially withdrawn by the National Prosecuting Authority (NPA) in 2011, but that decision was reviewed and set aside in court, together with the decision to drop graft charges against Mdluli.
He was acquitted on four counts of intimidation relating to the Ramogibe case in November following a ruling by the Constitutional Court declaring sections of the Intimidation Act unconstitutional.
Would you like to comment on this article?
Sign up (it's quick and free) or sign in now.
Please read our Comment Policy before commenting.