Mdluli, the national director of public prosecutions (NDPP) and the Specialised Commercial Crime Unit may now appeal against the ruling that is calling for charges against Mdluli to be reinstated.
This comes after the North Gauteng High Court on Monday, December 2, granted the former Crime Intelligence boss Mdluli leave to appeal against the high court judgement setting aside a decision by the National Prosecuting Authority (NPA) to withdraw charges against him.
The application for a review and the setting aside of the decision to withdraw criminal and disciplinary charges against Mdluli was brought by lobby group Freedom Under Law (FUL).
In his September ruling, Judge John Murphy ruled in favour of FUL and ordered the reinstatement of criminal and disciplinary charges against Mdluli.
He criticised the decision to withdraw fraud and corruption charges against Mdluli, saying it was “illegal, irrational, based on irrelevant considerations and material errors of law”.
However, deputy Judge president of the high courts in Johannesburg and Pretoria, Aubrey Ledwaba, granted leave to appeal against Judge John Murphy’s ruling.
Ledwaba was reported to having said there were compelling reasons to grant leave, and there was a reasonable prospect that another court might come to a different conclusion.
