The National Prosecuting Authority (NPA) has accused former ANC secretary-general Ace Magashule and two others of using delaying tactics in their multi-million rand Free State corruption trial.
Magashule, former Director General of Human Settlements, Thabani Zulu, and businessman Edwin Sodi have filed papers in the Supreme Court of Appeal (SCA) to challenge the High Court’s decision which dismissed their application to quash the charges against them.
In filings before the SCA, the state said it would present evidence in court to establish that the defendants participated in every aspect of the crimes they are accused of.
The three are among 18 accused individuals and companies facing more than 70 charges of corruption and money laundering related to the alleged irregular award of an asbestos roof removal contract worth 255 million rand.
Certificates of non-criminal liability
The NPA also says the non-prosecution certificates it issued were not in relation to President Cyril Ramaphosa. The certificates were issued to former President Jacob Zuma and his legal team.
The former president launched a private prosecution against Ramaphosa for an alleged breach of the NPA Act over the disclosure of his medical records by prosecutor Billy Downer and journalist Karin Maughan.
Ramaphosa’s lawyers have written to Zuma asking him to withdraw the private prosecution.
NPA spokesperson lawyer Mthunzi Mhaga explains.
“The NPA issued two certificates of nolle prosequi in good faith and in accordance with section 7 of the Criminal Procedure Act. These certificates were issued in direct relation to the Pietermaritzburg case, which contained statements and affidavits relating to specific individuals for alleged contravention of the NPA Act. Certificates of nolle prosequi apply to all persons specifically named in the file. The President was not mentioned in any of the affidavits or statements and therefore the certificates were not issued in respect of him. Any further clarification will be provided in court if the matter is contested.”
The NPA says the multi-million pound asbestos trial could take more than a year to complete: