By Boitumelo Kgobotlo and Lehlohonolo Lehana.
The Pretoria High Court has postponed the application by suspended Crime Intelligence boss Lt-Gen Dumisani Khumalo and co-accused to have their bail conditions amended.
The amendment application comes as National Police Commissioner Fannie Masemola has lifted the suspension so they may resume work. However, they cannot proceed with work under the current bail conditions.
The accused are facing charges relating to fraud and corruption for allegedly appointing an unqualified person to a senior post without proper vetting.
Magistrate recuses himself
The criminal case was further delayed by the intention of the state to file a review. This was after the recusal of Acting Chief Magistrate Vusi Mahlangu.
Mahlangu recused himself on Tuesday over the allegations brought against him by KwaZulu-Natal Police Commissioner Nhlanhla Mkhwanazi at the Judicial Commission of Inquiry into criminality, political interference, and corruption in the criminal justice system. The commission is led by retired justice Mbuyiseli Madlanga.
Mkhwanazi alleged that some judicial officers were colluding with criminals.
The prosecution claimed that they will drag the recusal matter to the high court. It also requested that it be reviewed and set aside.
“I cannot make a ruling before I have heard the prosecution and the defence on this issue. In the circumstances, I will allow the prosecution to file their review,” said the magistrate.
Disbarred advocate Malesela Teffo also approached the court. He argued that he wanted to be the “friend of the court” and asked the court not to consider amending bail conditions against the applicants.
“My matter is coming on the 22nd of October, next week. The reason for me being here and bringing this application is on the basis of the fact that the applicants are very dangerous people. I was in jail; they were part of sending me to jail. When I was in jail, they were monitoring my communication in jail,” said Teffo.
However, defence lawyer, advocate Zandile Mshololo objected. She claimed that there are no official documents showing that Teffo should be allowed to be the friend of the court.
Cachalia and Masemola no show in Parliament
Meanwhile the police portfolio committee has slammed acting Police Minister Firoz Cachalia and the National Commissioner Fannie Masemola for failing to appear before the committee on Wednesday.
Cachalia and Masemola were expected to appear before the committee on Friday to assess the South African Police Service (SAPS)’s annual report and financial statements.
Committee chairperson, Ian Cameron, was forced to defer the meeting without any presentations from the various entities, including the auditor general.