Moloko Moloto
THE National Prosecuting Authority (NPA) has refused to comment on whether it would compensate Julius Malema.
This is despite the high court in Polokwane striking Malema’s fraud and corruption charges off the roll on Tuesday.
The EFF leader’s 139ha farm in Schilkraal, outside Polokwane, was attached and sold by the NPA’s asset forfeiture unit in 2013. The farm was bought by farmer Callie Calitz for R2.5 million at an auction.
The NPA believed that the property had been bought from the proceeds of crime, after a R52m tender the Limpopo Transport Department had awarded to the On-Point Engineering company.
This followed the public protector’s findings that the multimillion-rand contract was unlawful. Malema’s Ratanang Family Trust held shares in the engineering firm.
After listening to the arguments of the State and the defence’s legal teams, Judge Billy Mothle struck the case off the roll.
“The history of this case shows that there have been numerous postponements and those postponements, part of them I was told, which Mr (Andrew) Laka (prosecutor appearing for the State) didn’t dispute, were occasioned by the State,” Judge Mothle said.
He said it had been too long since “the sword” hung over the heads of the accused.
Malema and On-Point Engineering chief executive Lesiba Gwangwa appeared in court yesterday, while the other co-accused, Kagisho Dichabe, On-Point’s chief operating officer, was absent. His advocate, Jan Nkhahle, said he was in hospital.
The defence poked holes in Laka’s argument.
Advocate Mike Hellens SC, for Malema, argued that his client’s trial be separated from that of Dichabe. But the State opposed it.
NPA national spokesperson Luvuyo Mfaku refused to comment on the prosecution’s next move.
Malema said the State never had a winnable case against him.
He added that he would wait for his lawyers to advise if he had recourse to reclaim his farm.