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ANC leader fights to have culpable homicide charge quashed

A former ANC MP wants the culpable homicide charge he faces to be withdrawn. Picture: Timothy Bernard African News Agency (ANA)

A former ANC MP wants the culpable homicide charge he faces to be withdrawn. Picture: Timothy Bernard African News Agency (ANA)

Published May 25, 2022

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Johannesburg - Former ANC MP Nono Maloyi's culpable homicide case has been provisionally withdrawn because he wants it quashed.

Maloyi, 54, who is one of the candidates for the ANC North West chairperson position, appeared before the Stilfontein Magistrate’s Court on Wednesday.

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Henry Mamothame, the National Prosecuting Authority (NPA) spokesperson in the North West, told Independent Media the erstwhile North West human settlements, safety and liaison MEC filed an application to make representations to National Director of Public Prosecutions Shamila Batohi to have the matter struck from the court roll.

According to Mamothame, the NPA will await the outcome of Maloyi’s representations to have the charges dropped.

The charge relates to a 2018 car accident that happened on the N12 between Stilfontein and Klerksdorp in the North West in which a man, Pontsho Magadi Motsamai, died.

”Should it be dismissed, the matter will be re-enrolled and a new court date will be decided upon,” Mamothame said.

The incident was reported to the police in September 2018.

Earlier this year, Maloyi claimed he was unaware of any criminal cases pending against him.

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"If you are aware of any criminal case/cases pending against me, please share such information with me, and I will gladly make the necessary investigation.

“That case was withdrawn long ago.

“So my opponents are trying to use a withdrawn matter to take me out of the race.

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“They can try all the tricks, but we will still clobber them,” he said.

The former North West legislature deputy speaker is expected to square off with the Premier Bushy Maape and Supra Mahumapelo, the chairperson of the National Assembly’s portfolio committee on international relations and co-operation, in the battle for the position of ANC provincial chairperson next month.

The case against Maloyi was provisionally withdrawn before, after the State made an application for an inquest to be conducted, to establish Motsamai’s cause of death.

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Mamothame said after the inquest, the presiding magistrate provided the findings to the North West director of public prosecutions for a decision on the prosecution.

The case was re-enrolled and Maloyi was formally charged with culpable homicide.

”The State believes it has a case that can be proven beyond a reasonable doubt and is ready to proceed with trial should Maloyi’s application be rejected,” said Mamothame.

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