By Lehlohonolo Lehana.
The deputy judge president of the Free State division of the High Court has lashed out at the Director of Public Prosecutions (DPP) in the province.
This follows the DPP’s request for a judge from a different division to preside over the asbestos trial.
The case relates to a R255m asbestos contract that was awarded by the Free State department of human settlements to the Blackhead Consulting — a joint venture to audit, assess and remove asbestos from homes in some of the province’s poorest areas about six years ago.
In the case, the state alleges former Free State premier Magashule and businessman Edwin Sodi of Blackhead Consulting embarked on a “rent-seeking” scheme that resulted in only R21m in work being done.
Magashule and his co-accused face charges of fraud, corruption, money laundering and contravention of the Public Finance Management Act.
The other accused are former director-general of the national department of housing Thabane Zulu, Nthimotse Mokhesi, Mahlomola Matlakala, Sello Radebe, Abel Kgotso Manyeki, Nozipho Molikoe, Albertus Venter, Cholota and Margaret-Ann Diedericks.
In addition to Blackhead Consulting, three other companies — 602 Consulting Solutions, Mastertrade 232 and Ori Group — are also accused.
Judge President Martha Mbhele accuses the DPP of blatant interference in judicial independence.
“I understand your letter to mean the whole of Free State High Court bench is incompetent, contaminated and therefore, disqualified to handle this matter.”
Mbhele has labelled that as insulting and derogatory.
In response, National Prosecuting Authority (NPA) Spokesperson Mthunzi Mhaga said, that the prosecuting authority is not at liberty to discuss formal engagements with the judiciary in the media.
The trial is expected to commence in April 2025.
Researcher and advocacy officer at Judges Matter, Mbekezeli Benjamin said, it was unusual for the NPA to make such a request at this hour after the case was already enrolled in the division almost three years ago and was already in the pre-trial processes.