Magistrate in cops’ corruption should not have recused himself — NPA
The National Prosecuting Authority (NPA) says the magistrate presiding in the corruption case of suspended crime intelligence boss Lt-Gen Dumisani Khumalo should not have recused himself as allegations made at the Madlanga commission have no bearing on the matter he’s presiding over.
Vusimuzi Mahlangu announced on Tuesday that he would be recusing 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 (Idac) said the authority was taking the matter on review to the Pretoria high court because Mahlangu should not have recused himself “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 in a senior post within the police.
The accused approached the court to have their bail conditions relaxed after national police commissioner Gen Fannie Masemola lifted their suspensions after their release on R10,000 bail. Their bail conditions prohibit them from working.
Adv Zandile Mshololo, who represents the three accused, argued that their bail conditions should be relaxed.
“My clients are suffering prejudice because they are unable to go to court,” she said.
Magistrate Aubrey Mphahlela postponed the matter to allow the state’s application to be heard in the high court.
Sowetan
