State 'not embarrassed' by Malema outcome

2015-08-04 16:48
(File: News24)

(File: News24)

Multimedia   ·   User Galleries   ·   News in Pictures Send us your pictures  ·  Send us your stories

Polokwane - Separating the trials of EFF leader Julius Malema and Lesiba Gwangwa from that of their co-accused Kagisho Dichabe was never an option, the National Prosecuting Authority (NPA) said on Tuesday.

Judge Billy Mothle earlier struck off the roll the State's case of corruption, fraud, money laundering and racketeering against the trio.

NPA spokesperson Luvuyo Mfaku said Dichabe was crucial to the State's case.

"If you look at the indictment, you've got money laundering and racketeering. With racketeering you don't have to establish [it], you need to prove your predicate offences."

A predicate offence is a crime that forms part of a more serious offence.

"The allegations and evidence relating to the predicate offences were centred on [Dichabe], hence we couldn't proceed with the separation of trials."

Mfaku said the State was ready to proceed with the trial on Monday.

"We wanted to proceed. We still maintain that we were ready for the trial. We had set down the matter for six weeks to ensure that we... produce our evidence in an open court."

'Not an acquittal'

Mfaku said the State was not embarrassed by the outcome of Tuesday's proceedings, saying it was the judge's decision at the end of the day.

He could not say when the State may reinstate the charges.

"I cannot comment on the when part, but what I can assure you, as I indicated initially, is that it is not an acquittal."

A director of public prosecutions (DPP) has to give permission for the charges to be reinstated.

"The prosecution team needs a certificate or an authority from the DPP to reinstate the matter. That is the process that needs to be followed."

Earlier, Mothle told the court the matter had been postponed for too long and needed to proceed.

"All parties except [Dichabe] tell me they are ready to proceed with this trial. This court is also ready to proceed. The court has no authority to make a ruling on the separation of trials."

He said no application for the separation had been made.

Earlier, Malema's lawyer Mike Hellens told the court he was ready to proceed with the trial without Dichabe. He said his team had made the State aware of this.

"A separation would have us starting this trial in half an hour if the judge made the order. Our only interest in this matter is to bring to an end."

Read more on:    npa  |  eff  |  julius malema  |  lesiba gwangwa

Join the conversation!

24.com encourages commentary submitted via MyNews24. Contributions of 200 words or more will be considered for publication.

We reserve editorial discretion to decide what will be published.
Read our comments policy for guidelines on contributions.
NEXT ON NEWS24X

24.com publishes all comments posted on articles provided that they adhere to our Comments Policy. Should you wish to report a comment for editorial review, please do so by clicking the 'Report Comment' button to the right of each comment.

Comment on this story
66 comments
Comments have been closed for this article.

Inside News24

 
PARTNER CONTENT
INFOGRAPHIC: New thinking required for retirement

Everything we believe about retirement is fast becoming outdated.

PARTNER CONTENT
WATCH: How education can change a life

A university education gives students the chance to create a better future for themselves, their families and to opportunity achieve their dreams.

/News

Book flights

Compare, Book, Fly

Traffic Alerts
There are new stories on the homepage. Click here to see them.
 
English
Afrikaans
isiZulu

Hello 

Create Profile

Creating your profile will enable you to submit photos and stories to get published on News24.


Please provide a username for your profile page:

This username must be unique, cannot be edited and will be used in the URL to your profile page across the entire 24.com network.

Settings

Location Settings

News24 allows you to edit the display of certain components based on a location. If you wish to personalise the page based on your preferences, please select a location for each component and click "Submit" in order for the changes to take affect.




Facebook Sign-In

Hi News addict,

Join the News24 Community to be involved in breaking the news.

Log in with Facebook to comment and personalise news, weather and listings.