Mdluli v National Commissioner of South African Police Service (24980/2022)
Mdluli v National Commissioner of South African Police Service (24980/2022) [2024] ZAGPPHC 997 (2 October 2024)
The court found that the SAPS correctly applied National Instruction 1 of 2017, which was the operative policy at the time of Mr Mdluli's application for legal assistance. The policy does not operate retrospectively in the legislative sense but governs internal affairs at the time of application. The SAPS followed the prescribed procedure, considered all relevant documents, and provided adequate reasons for its decision. The refusal was based on the fact that the alleged offences were committed against the SAPS and not in the execution of Mr Mdluli's official duties, making it contrary to pub…
Source excerpt
- Promotion Of Administrative Justice Act
- State Funded Legal Representation
- Public Interest
- Internal Policy Application