Johannesburg - The National Prosecutions Authority has distanced itself from the delayed corruption and racketeering trial of Economic Freedom Fighters’ leader Julius Malema and his two co-accused, which was subsequently struck off the roll.
In a detailed statement released on Thursday, the NPA said that it noted the decision by the court to strike the matter off the roll due to delays since 2012.
“The matter was struck off the roll in terms of Section 342A of the Criminal Procedure Act. The relevant sub-section empowers the court to strike a matter off the roll in circumstances where an accused has not pleaded to the charges and where the court believes that there has been unreasonable delay in finalising the matter,” the NPA said.
“In this regard, the delay was not attributable to the State.”
The NPA added that on July 29 the National Director of Public Prosecutions Shaun Abrahams received representations from the legal teams for accused one to four, namely, On Point Engineering (Pty) Ltd, Lesiba Gwangwa, Gwama Properties and Julius Malema to consider dropping all the charges against them.
“During the afternoon of August 2, the national director, after applying his mind, informed the legal representatives of the aforementioned accused that their representations were unsuccessful and that their trial must proceed as scheduled,” the NPA said.
“At around 22h00 at night on August 2, the prosecution team were advised that accused 5, Kagiso Dichabe, has been hospitalised due to a stress related medical condition and that he would as a result be unable to attend his trial. The following day on August 3, a medical certificate was tendered on his behalf which indicated his medical unfitness to stand trial until August 23.”
Malema and Dichabe requested in court that their matter be separated from that of the ill Dichabe so that the case could continue. The State opposed their application.
“The prosecution team could not accede to this request as it would have been gravely prejudicial to the State’s case, particularly, in relation to the racketeering charges. A decision to separate accused 5’s [Dichabe] matter from that of his co-accused would not have been in the interests of the proper administration of justice, given the nature of the charges against all the accused,” said the NPA.
The NPA would request an investigating officer to monitor Dichabe’s medical condition, and re-evaluate the evidence before making a decision on the matter, it said. The Polokwane High Court struck the case off the roll on Tuesday.
The State alleges that Malema’s Ratanang Family Trust benefited from the irregular awarding of a tender to On Point Engineering.
Malema, Gwangwa and Dichabe were accused of irregularities and misrepresenting themselves to the Limpopo Roads and Transport Department which saw the company being awarded a multi-million rand tender.
Malema has maintained that charges against him were politically motivated.
ANA