The case of malicious damage to property and crimen injuria against Noma Gigaba, the estranged wife of former minister Malusi Gigaba, has been postponed to 26 March. She appeared briefly in the Pretoria Regional Court on Friday morning.
Gigaba was arrested in July 2020 by the Hawks regarding claims that she had damaged an expensive German 4X4 vehicle that reportedly belonged to her husband’s friend.
In the video below, Noma Gigaba back in court:
This week, the Pretoria High Court ruled that the action by the Hawks to arrest Gigaba was unlawful and contravened the Constitution.
Despite charging her for malicious damage to property and crimen injuria, the Hawks wanted Gigaba to face charges of alleged conspiracy for plotting to murder her husband.
Court declares Noma Gigaba’s arrest by the Hawks unlawful:
Her legal representative, Dali Mpofu, argues that the Hawks abused their power in arresting her.
“It appears that in this matter, the arresting officers abused their power and position as members of the HAWKS presumably to avenge as perceived by Mr Gigaba and not for any lawful purpose. The warrant was obtained for ulterior motives,” Mpofu says.
Gigaba wants charges dropped
Gigaba wants the charges against her dropped.
Mpofu says the arrest was made even before an investigation could be conducted.
“There’s no evidence that an investigation was conducted regarding a conspiracy to murder Mr Gigaba and the respondents have failed to can give evidence to support the applicant’s version. Based on that is despite the execution of the warrant of arrest by the fourth and fifth respondents was unlawful and wrongful, that set her motion and prosecution.”
Prosecution rejected this argument stating that despite the arrest being tainted, a crime was committed and it should be prosecuted.
Meanwhile, magistrate Thandi Theledi postponed the case to March with Gigaba’s bail of R5 000 extended.
“Your matter is transferred to regional court number three here in Pretoria in terms of 75 sub-section 1 of 851 of 1977. You are going to appear provisionally on the 26 March 2021 and you are out on bail and it’s extended. If you fail to appear, your warrant of arrest will be authorized and you will be kept in custody. And your bail will be forfeited to the state do you understand,” Theledi said.
Gigaba, who appeared composed, didn’t show any interest in talking to the media.
