Sentencing proceedings in the case against former Crime Intelligence boss Richard Mdluli and his co-accused Mthembeni Mthunzi were once again delayed in the Gauteng High Court in Johannesburg on Monday.
This time it was to allow the defence to study the revised judgment by Judge Ratha Mokgoatlheng before the case continued.
The judgment was revised after Mdluli was acquitted on four charges of intimidation following a Constitutional Court ruling which found that sections of the Intimidation Act were unconstitutional and limited the right of freedom of expression.
News24 previously reported that the apex court judgment by Justice Leona Theron on October 22, 2019 found that Sections 1(1)(b) and (2) of the Intimidation Act 72 of 1982 limited freedom of expression and that Section 1(2) created a reverse onus.
While the State's advocate Zaais van Zyl was adamant that sentencing arguments proceeded on Monday, the defence argued that it was not in a position to continue as it needed to study the revised judgment.
"I was not aware that your lordship is revising the judgment. I thought the judgment we were waiting for is the original judgment," Mdluli's lawyer Ike Motloung said.
He added that the defence was of the understanding that the appearance was for purposes of obtaining the judgment.
Mokgoatlheng clarified to the defence that the judgment was essentially not "revised" but "corrected" following the Constitutional Court judgment.
Motloung said they needed time to consider the judgment and to go through it before sentencing proceedings resumed.
Mdluli and Mthunzi's case has been ongoing for four years. The two were found guilty on charges relating to the 1999 kidnapping and assault of Oupa Ramogibe. Ramogibe was married to Mdluli's former lover Tshidi Buthelezi.
They were both acquitted of the intimidation of Buthelezi's friend Alice Manana and defeating the ends of justice.
Mdluli had been in a long-term relationship with Buthelezi dating back to his school days, before she met Ramogibe and eventually married him on July 22, 1998, News24 reported.
Sentencing arguments were expected to continue on Tuesday.