Probation officer recommends no jail time for Richard Mdluli's co-accused

Correctional supervision would be an appropriate sentence for Mthembeni Mthunzi, the former policeman who, together with former crime intelligence boss Richard Mdluli, assaulted and kidnapped two people in 1998.

Probation officer Mulalo Nemutandani made this recommendation on Tuesday at the Johannesburg high court during the sentencing proceedings of Mthunzi and Mdluli.

The two men were last year each convicted on two counts of assault, two counts of kidnapping and two of assault with intent to commit grievous bodily harm.

The incidents in the case relate to the assault of Mdluli's customary wife, Tshidi Buthelezi, and her boyfriend, Oupa Ramogibe.

Mthunzi, now 60, had accompanied Mdluli to a house in Vosloorus where they also assaulted Alice Manana with the aim of forcing her to reveal where Buthelezi and Ramogibe were.

Manana then accompanied Mthunzi and Mdluli to Orange Farm, where Buthelezi and Ramogibe were found.

Ramogibe was then assaulted to make him stop his relationship with Buthelezi.

Ramogibe was later shot dead in 1999. No one has been convicted of Ramogibe's murder.

Nemutandani said despite the court finding him guilty, Mthunzi still maintained his innocence. Nemutandani said Mthunzi refuted allegations that he assaulted Manana at her home.

She said Mthunzi claimed that when they arrived at Orange Farm, Buthelezi and Ramogibe entered Mdluli's vehicle without being forced.

Nemutandani said Mthunzi did not witness any assault on Ramogibe.

Nemutandani said sending Mthunzi to prison would affect his wife and children, who relied on him as he was the only breadwinner.

The report prepared by Nemutandani showed Mthunzi had five children, two of whom are in high school and live with him.

It also found he had two chronic medical conditions.

The report said Mthunzi's wife was unemployed and Mthunzi also took care of his mother, who is in her 80s.

Nemutandani said although direct imprisonment could be a suitable option, she was of the opinion Mthunzi could be rehabilitated within the community.

"Should the accused be incarcerated, his children will be affected emotionally."

The sentencing proceedings continue.