It was alleged that on December 30, 2003 in Tutume, the two accused persons, acting together and with the common purpose corruptly accepted the sum of P2,000 from Beevin Lekhutlile as an inducement or reward for forbearing to charge one Kagiso Madala for drunken driving.
Upon hearing attorney Morris Ndawana of Ndawana and Company representing the applicants and attorney Maipelo Moupo from the Attorney General's Chambers and having read the documents filed of record, Justice Mosojane ruled that there has been unreasonable delay in prosecuting the accused persons from the date the charges were laid against them such that their constitutional rights to be tried within a reasonable time as provided for under Section 10 (1) of the Constitution have been infringed upon.
"The prosecution is hereby stayed permanently and the appellants are hereby acquitted and discharged. The respondent is to pay costs of this application on attorney/client scale," ordered the Francistown Judge President. The respondent's heads of argument filed were that the applicants in the instant matter, have applied for an order staying of prosecution on charges of contravening the provisions of Section 25 (1) as read with Section 36 of the Corruption and Economic Act.
