From kidnapping & assault to jail time— five must-read stories on Richard Mdluli

30 September 2020 - 10:35 By cebelihle bhengu
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Former crime Intelligence boss Richard Mdluli said he will appeal his five-year jail sentence and intends to apply for bail. File photo.
Former crime Intelligence boss Richard Mdluli said he will appeal his five-year jail sentence and intends to apply for bail. File photo.
Image: Gallo Images/Netwerk24/Felix Dlangamandla

Former crime intelligence boss Richard Mdluli and co-accused Mthembeni Mthunzi spent their first night in jail on Tuesday after both were sentenced to five-year prison terms for crimes they committed more than 20 years ago.

The two applied for leave to appeal their sentences, but this was denied by judge Ratha Mokgoatlheng.

Mdluli and Mthunzi, who are former colleagues, were in 2019 both convicted on two counts of assault, two counts of kidnapping and two counts of assault with intent to do grievous bodily harm. The matter relates to the assault of Mdluli's customary wife, Tshidi Buthelezi, and her boyfriend, Oupa Ramogibe.

The pair drove to a house in Vosloorus, where they assaulted Alice Manana and demanded that she show them where Buthelezi and Ramogibe were. She led them to Orange Farm in the south of Johannesburg where they proceeded to assault Ramogibe.

Ramogibe was murdered in 1999. No-one was arrested for his murder.

Buthelezi died from natural causes a few years later.

Here are five must-read stories about Mdluli and Mthunzi:

Severe assault of Manana

State prosecutor Zaais van Zyl SC told the Johannesburg high court in March that the crimes committed by Mthunzi and Mdluli deserved a jail term. He argued that while the court considered the two men were on good behaviour for more than 20 years, their sentencing was about retribution.

Mdluli's lawyer, Ike Motloung, told the court the assault was a crime of passion and was unplanned. He also claimed the assault on Manana left her with minor injuries. This was disputed by Van Zyl, who said the duo had plenty of time to rethink their actions.

Regarding Manana's assault, Van Zyl said she was beaten for 30-35 minutes. He said when she finally woke up, she started bleeding from her ear.

“Far from being an insignificant assault, it was a serious assault perpetrated by a big man on a woman. The assault on Alice should carry heavy weight,” he said.

State says kidnapping is a serious crime 

Van Zyl told the court in March that the two men could get up to 16 years in jail for kidnapping Buthelezi.

“Where a firearm is used, the starting point is five years in prison. The upper range goes to 15 to 16 years for someone who is kidnapped and kept for a short time,” Van Zyl said. He argued that those who violate the law must be dealt with decisively.

Legal representatives for Mdluli and Mthunzi told the court the pair should not be kept in custody as they were primary caregivers for their minor children.

Van Zyl argued that this was not true for both men. He said Mthunzi was the co-primary and Mdluli spent 40% of his time away from his children as he maintained two homes.

Mdluli's delayed sentencing 

Motloung asked the court last month for a further extension on the sentencing of Mdluli, citing difficulty with finding an epidemiologist as the reason. During his July appearance, Motloung told the court he would bring an expert who would give reasons why his client should not be jailed amid the Covid-19 pandemic as he is 60 years old and has comorbidities.

Sabelo Nobangule, who represented Mthunzi, echoed Motloung's sentiments, saying the experts he had found were unwilling to come to court. M otloung said Mdluli's health would be compromised by lack of social distancing in an  overcrowded prison.

Mokgoatlheng challenged them, asking whether there were no people above the age of 60 in jail. He said there was no guarantee they would contract Covid-19. He lamented that the case had dragged on for so long.

Five-year sentence handed down 22 years later 

Mokgoatlheng slapped the duo with a five-year sentence each on Tuesday. He said he had considered all possible options and had come to the conclusion that a custodial sentence was appropriate. Mokgoatlheng said Mdluli and Mthunzi had abused their power.

They were each sentenced to three years for two counts of kidnapping, one year for assault and two years for assault with intent to do grievous bodily harm. The sentences will run concurrently.

“Effectively, you are sentenced to five years in prison,” the judge said.

DA satisfied with Mdluli's sentencing, but he will appeal 

DA shadow minister of justice and correctional services Glynnis Breytenbach praised the prosecution for securing justice for the victims even though the case and evidence were more than 20 years old. She said Mdluli almost got away with abusing his position as a crime intelligence boss.

“Finally the chickens are coming home to roost for Richard Mdluli, who rather pathetically claims to be too old and vulnerable to serve a term of imprisonment. This is not a courtesy he extended to his victims, and it is time for him to get his just desserts,” Breytenbach said.

Mdluli said he will appeal to the Supreme Court of Appeal (SCA) and will apply for bail while waiting for a decision on his appeal.

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