Malema case struck off the roll

MickeyD

MickeyD

RIP
Joined
Oct 4, 2010
Messages
139,095
Reaction score
432
Location
Nelson Mandela Bay
Polokwane - The fraud and corruption case against EFF leader Julius Malema and his two co-accused was struck off the roll in the High Court in Polokwane on Tuesday.

"What this means, you are free to go," said Judge George Mothle.

"Because you have not pleaded, the State may decide to reinstitute the matter. For now, you are free to go," he said.

Mpho Raborife and Naledi Shange, News24

Source: http://www.news24.com/SouthAfrica/News/Malema-case-struck-off-the-roll-20150804-2
 
Care to tell us why perhaps? Appears to fall under the 'because we say so' clause.
 
Flanders said:
Care to tell us why perhaps? Appears to fall under the 'because we say so' clause.
Click to expand...

From what I can gather, it was getting complicated with the one accused constantly being absent and then the state asking for postponements etc etc...

But since he hadn't pleaded, I expect to see individual charges coming through very soon.
 
Malema off the hook - for now

Polokwane - EFF leader Julius Malema was visibly overjoyed to have his fraud and corruption case struck off the roll by the High Court in Polokwane on Tuesday.

Judge George Mothle said the matter had dragged on for too long.

Delivering his judgment on the matter, he said postponing the matter again was not an option.

Proceeding with the matter in the absence of one of the accused, Kagisho Dichabe, was also not an option, Mothle said.

Dichabe had been absent in court because of an illness. His lawyer claimed he was in hospital and would only be able to come to court in three weeks.

"I have a sense that starting from 2012 to 2015 is too long to have a person have a sword hanging over his head... for that reason... the case is struck from the roll," Mothle said.

Malema smiled at his lawyer, Mike Hellens and embraced him.

Charges

Malema, Dichabe and Lesiba Gwangwa were to face over 50 charges.

Malema was alleged to have had business ties with Gwangwa. Malema's Ratanang Family Trust is an indirect shareholder in On-Point Engineering.

The State alleges that Malema and his co-accused misrepresented themselves to the Limpopo roads and transport department, leading to a R52 million contract being awarded to On-Point Engineering.

It was alleged that Malema used some of the money to buy a farm and a Mercedes-Benz.

While the three are yet to plead before the court, Malema has proclaimed his innocence.

Mothle however, warned Malema, Gwangwa and Dichabe that the case would be placed on the court once again.

"For now, you are free," he said.

Mpho Raborife and Naledi Shange, News24

Source: http://www.news24.com/SouthAfrica/News/Malema-off-the-hook-for-now-20150804
 
Flanders said:
Care to tell us why perhaps? Appears to fall under the 'because we say so' clause.
Click to expand...

Seems the NPA dun goofed. Useless.

Julius Malema's fraud and corruption trial has been struck off the roll in the High Court in Polokwane.

Judge George Mothle stressed that the court had four ways to proceed before it.

The State requested a postponement to August 24 to allow accused number 5, Kagisho Dichabe, to recover from illness.

Alternatively, the State wanted to proceed with the trial despite Dichabe's absence.

Judge George Mothle ruled that neither of those were options were possible. The trial had already been delayed since 2012, while also continuing trial with one of the accused absent would be inconsistent with the law.

The court could have granted that the trials be separated, but the State had not applied to separate the trials, and therefore could not rule on that.

It's only option therefore, Mothle ruled, was to strike the matter off the roll.

The State can lay charges again at a later date.
Click to expand...

Source: http://www.news24.com/SouthAfrica/News/LIVE-Malema-back-in-court-for-fraud-trial-20150804
 
Last edited by a moderator:
Meh the whole thing was a farce anyway. Malema and his cronies looted Limpopo with the acquiescence and participation of the ANC's provincial executives and many others for billions of rand and not just some R50m tender. It is obvious that they only went after him after he left the party. Many of the people who participated in bankrupting Limpopo continue to pay tributes and land tenders worth millions to this very day and will continue as long the state's view on corruption is as lax as is.
 
But they still get to re-file and drag him to court again no?
 
State should have done it my way – Malema

Polokwane - The state possibly shot itself in the foot by refusing to separate Economic Freedom Fighters leader, Julius Malema's trial from his co-accused.

Addressing the media outside the High Court in Polokwane where his trial had just been struck off the roll, Malema said the state should have granted him his request.

"I gave the state a practical option, they did not use [it]," he said.

Malema, Kagisho Dichabe and Lesiba Gwangwa were scheduled to face a six-week trial as they had to answer to over 50 charges of fraud, corruption, money-laundering and racketeering.

The case first came up in 2012 but was postponed in September last year because Dichabe's lawyer was not immediately available for trial.

Eleven months later, and the case faced further delays after Dichabe failed to pitch up for the first day of his trial on Monday.

A medical certificate handed to the court stated that Dichabe suffered from major depression.

Separate trials

Malema, through his lawyer, Mike Hellens, pleaded with the State to not postpone the matter but instead try him separately. The State refused to put through the application before the court.

Delivering a ruling on the matter, Judge Billy Mothle said it seemed all the parties, except Dichabe were ready to proceed.

He said the State should have agreed to separate the cases.

"If court had that power [to separate the cases], it would have used it," Mothle said.

"I therefore rule that the case is struck off the roll."

He said the case had been delayed for too long. Postponing the matter or continuing in the absence of Dichabe was not an option.

The State could however, still reinstate the charges against the three.

State ‘had no case’

Malema however, said the state was never ready to proceed.

"They did not have a case against me. They wanted a postponement... so that I become a citizen of South Africa with a permanent dark cloud over my head," Malema added.

According to the charge sheet, Malema and his co-accused, On-Point Engineering directors Dichabe and Gwangwa were facing charges of racketeering, fraud, corruption and money-laundering.

The court papers stated that Malema allegedly had business ties with Gwangwa. Malema's Ratanang Family Trust is an indirect shareholder in On-Point Engineering.

The State alleged that Malema and his co-accused misrepresented themselves to the Limpopo roads and transport department, leading to a R52m contract being awarded to On-Point Engineering.

It was alleged that Malema used some of the money to buy a farm and a Mercedes-Benz.

The case was dismissed without the three having formally pleaded.

Malema however, had always publicly proclaimed his innocence.



Mpho Raborife and Naledi Shange, News24

http://www.news24.com/SouthAfrica/News/State-should-have-done-it-my-way-Malema-20150804
 
You must log in or register to reply here.
Back
Top
Sign up to the MyBroadband newsletter
X