State wants Gaongalelwe appeal dismissed

Gaongalelwe had succeeded to have his name exonerated from the report at the High Court, a case in which he was challenging an audit report commissioned by former chief justice Maruping Dibotelo that suggested that he was one of the judges who were said to have received and fraudulently benefited in the improper payments of a housing allowance in the form of a salary.

Although he had succeeded, Justice Gaongalelwe who is also a sitting justice of CoA has appealed to the CoA complaining that Justice Mothobi misdirected himself by deciding that the payment of housing allowance to the him from August 2007 to March 2008 was a proper case of referral to the DPP to make an enquiry on whether he should be prosecuted for theft or stealing.