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The importance of the Mdluli judgment

25th September 2013

By: Denis Worrall

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In a judgement of importance for the maintenance in general terms of law and order in this country, for the maintenance of constitutionality, and more specifically for sound judicial process, the Pretoria High Court held that the serious criminal charges, including fraud, corruption and murder, against Richard Mdluli, which were withdrawn by the National Directorate of Public Prosecution, should be reinstated. Judge John Murphy launched a scathing attack on the National Directorate of Public Prosecutions for dropping the charges, saying that the NDPP did not have the power to withdraw the charges and "its decision was so unreasonable that no reasonable prosecutor could have taken it". The judge came very close to actually saying that the decision to withdraw the charges against Mdluli was determined from outside the judicial branch.

The decision was welcomed by Freedom Under Law (an organisation Omega supports) and the organisation which brought the action. Freedom Under Law described the decision as a "victory for the people of South Africa".  And that truly is the reason organisations like Freedom under Law deserve the support of ordinary citizens, foundations, and business organisations. It is also the reason Omega is taking the trouble of publishing the full judgement on its website www.omegainvest.co.za.

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