Majaga floors state, political nemesis
Lebogang Mosikare | Friday February 2, 2018 17:01
Majaga is charged together with Shadreck Mochabange, Tshokolo Mochabange, Semphete Malindi and Goletswang Mpule in the matter.
The accused were excused from attending court on Wednesday.
The State alleges that the accused were found in possession of meat and hide of a suspected stolen cow at Komtsia cattle post near Dukwi village on August 16, 2006.
Majaga has in the past complained that his case was orchestrated by his nemesis in political circles who are plotting his down fall because it (the case) always resurfaced when BDP primary elections and the general elections were drawing closer.
The maverick BDP legislator and his co-accused through their attorney, Oratile Konne had applied for a permanent stay of prosecution. Delivering the ruling on the application, senior magistrate, Kose Makobo said the application emanated from a charge sheet dated March 23, 2017.
Makobo added that according to the charge sheet, the accused failed to give a satisfactory account of how they came to possess the meat and hide to the police.
“The defence argued that accused persons’ rights, protected under section 10 (1) of the Constitution, have been violated because they were not afforded a fair hearing within a reasonable time,” Makobo said.
Makobo said that the accused were initially charged with the offence in 2006, but the prosecution elected to withdraw the charge in 2007 only to reinstate it in 2009.
“In 2011, the matter was referred to the High Court for determination on an application for permanent stay of prosecution. The defence however, later withdrew the said application in 2013. The prosecution reinstated the matter in 2014. The charges were again withdrawn following failure by the prosecution to appear in court,” said Makobo. In March 2017, Makobo noted, the state reinstated the charges but the defence “frustrated by the seesaw strategy that was adopted by the prosecution lodged this counter-application”.
Makobo continued: “The defence made the application under section 8 (5) of the Constitution which gives the presiding magistrate in the subordinate court the powers to refer the matter to the High Court if any party to the proceedings so requests”.
The prosecution, Makobo added, initially vigorously opposed the application but later withdrew it saying that the matter fitted the bill to be referred to the High Court for determination. “I find that there has been an inordinate delay in prosecuting the matter. The delay is without reasonable excuse. I find that the application by the accused persons is justified,” she said.
Makobo concluded, the question of whether the accused persons have been denied a fair hearing within a reasonable time is referred to the High Court for determination.
“The criminal prosecution against the accused be and hereby stayed pending the determination of the referral above. The matter is set for status report on May 8,” the magistrate ordered.