A history of Richard Mdluli: Here’s what shapes Tuesday’s sentencing

Sentencing proceedings in the kidnapping and assault case against former Police Crime Intelligence boss Richard Mdluli and his co-accused Mthembeni Mthunzi are expected to get underway on Tuesday 4 February.

The road to sentencing

The matter was due to be heard on Monday in the High Court of Johannesburg, however Mduli’s defense team asked for a postponement so they could read the judgement which was handed down last year. Mdluli and Mthunzi were found guilty on several charges in relation to the 1999 kidnapping and assault of Oupa Ramogibe, who had been married to Mdluli’s former girlfriend at the time.

It is believed the former top cop went to extreme lengths to break the pair up, who eventually got married in 1998. Ramogibe was shot dead a year after that and to date, nobody has been arrested for his murder. Mdluli has also been accused of interfering with the investigation.

What Richard Mdluli has – and hasn’t – been charged with

The pair were found guilty of intimidation and assault In July last year, and Judge Ratha Mokgoatlheng slapped Mdluli with; 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.

While 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. Richard Mdluli was acquitted of intimidation convictions.

However in October 2019, the Constitutional Court found that sections of the Intimidation Act limited freedom of expression and were unconstitutional, prompting Mokgoatlheng to clear Mdluli of the intimidation charges. The judge did, however emphasise that did exist until the highest court in the land declared it unconstitutional.

Richard Mdluli implicated in state capture

“The constitutionality of the law has changed. That doesn’t mean the law never existed”, Mokgoatlheng said.
The State’s advocate Zaais van Zyl, later conceded that Mduli should be cleared on the intimidation
charges.

Mdluli’s tenure as head of crime intelligence has also been marred by controversy, as member of the
Priority Crime Investigation, also known as the Hawks, testified before the Zondo Commission of
Inquiry on September 2019 – implicating him in corruption.

Colonel Kobus Roelofse told the commission how Richard Mdluli abused and looted the secret service account, purchasing several luxury vehicles to the tune of just over R3 million. Roelofse also testified that Mdluli used the account to pay for private trips overseas with his family as well as security upgrades.