The National Prosecuting Authority (NPA) says the magistrate presiding over the corruption case of suspended crime intelligence boss Lt-Gen Dumisani Khumalo shouldn’t have recused himself amid from the case, as allegations made at the Madlanga commission have no bearing on the case.
Vusimuzi Mahlangu announced on Tuesday he would recuse himself because he had been subpoenaed to appear before the Madlanga commission, which is probing allegations of political interference and corruption in the criminal justice system.
My clients are suffering prejudice because they are unable to go to court
— Adv Zandile Mshololo
However, Henry Mamothame, spokesperson for the NPA’s investigating directorate against corruption, said the authority was taking the matter on review to the Pretoria high court “as allegations made at the commission have no bearing on the matter before court”.
Khumalo is appearing in the Pretoria magistrate’s court with Maj-Gen Nozipho Madondo and Maj-Gen Josias Lekalakala on charges of fraud and corruption relating to the alleged appointment of an unqualified civilian to a senior post in the SAPS.
The accused approached the court to have their bail conditions relaxed after national police commissioner Gen Fannie Masemola lifted their suspensions when they were released on R10,000 bail. Their bail conditions prohibit them from working.
Zandile Mshololo, who represents the three accused, argued their bail conditions should be relaxed.
“My clients are suffering prejudice because they are unable to go to court,” she said.
Magistrate Aubrey Mphahlele postponed the matter to enable the state’s application to be heard in the high court.
Sowetan
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