Pretoria – The North Gauteng High Court in Pretoria reserved its verdict on Thursday on an application for a review and setting aside of the decision to withdraw criminal and disciplinary charges against Richard Mdluli.

However, Judge John Murphy said he appreciated the significance of the matter and would ensure his judgment was communicated soon.

“I appreciate fully that this is a matter that should be dealt with sooner rather than later,” he said.

“I hope to get a judgment to you, probably in the course of the [court] recess or shortly thereafter.”

The application was brought by the lobby group, Freedom Under Law (FUL).

The controversial former crime intelligence head was suspended amid charges of fraud and corruption, and charges relating to the murder of his ex-lover’s husband.

An inquest cleared him of any involvement in the murder.

The charges of fraud and corruption were also later withdrawn, by the National Prosecuting Authority (NPA).

He was reinstated, but was again suspended in 2012 pending the FUL application.

Advocate Laurance Hodes, for the national director of public prosecutions (NDPP) argued that instead of “marching off to court”, FUL should have sought the review from the NDPP.

Hodes said the Mdluli matter had been provisionally withdrawn, which did not amount to a discontinuation of the prosecution process.

Decisions on whether to prosecute lay with the NDPP, not with courts, Hodes argued.

Murphy expressed reservations about Hodes’ assertion.

“So you can provisionally withdraw a matter for 25 years and that is fine?” he asked.

Murphy said if courts could not intervene, it would enable corrupt prosecutors to get away with it, as cases would be taken off the roll.

– SAPA