The National Prosecuting Authority (NPA) has accused former ANC secretary-general Ace Magashule and two others of resorting to delaying tactics in their multimillion-rand Free State asbestos corruption trial.
Magashule, former Human Settlements DG, Thabani Zulu, and businessman, Edwin Sodi, have filed papers in the Supreme Court of Appeal (SCA) to challenge the High Court judgment which dismissed their application to have charges against them quashed.
In papers before the SCA, the State has submitted that it will lead evidence in court to confirm that the accused were involved in every aspect of the crimes they are accused of.
The three are among the 18 accused persons and companies facing more than 70 charges of corruption and money laundering relating to the alleged irregular awarding of the R255-million asbestos roof removal contract.
Certificates of non-prosecution
The NPA also says the certificates of non-prosecution 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 bid against Ramaphosa for allegedly contravening the NPA Act on the disclosure of his medical records by prosecutor, Billy Downer, and journalist, Karyn Maughan.
Ramaphosa’s lawyers have written to Zuma, demanding that he withdraw the private prosecution.
NPA Spokesperson, Advocate Mthunzi Mhaga explains.
“The NPA issued two nolle prosequi certificates in good faith and in compliance with Section 7 of the Criminal Procedure Act. These certificates were issued in direct relation to the docket Pietermaritzburg case which contained statements and affidavits relating to specific individuals for alleged contravention of the NPA Act. The nolle prosequi certificates applied to any persons who are specifically mentioned in the docket. The president was not mentioned in any of the affidavits or statements and thus the certificates were not issued in relation to him. Any further clarification will be provided in court should the matter be litigated.”
NPA says the multi-million rand asbestos trial might take more than a year to conclude: