Maswabi still to be declared a terrorist
Will her charges be dropped or altered?
Fireworks are expected at the Regional Magistrate court, when the Directorate of Public Prosecution ( DPP) square up with the defence in a status hearing case in which Wilhelmina Maswabi, aka ‘ Butterfly’ is facing several criminal charges of corrupt practices.
DPP is under siege having lost a number of cases relating to corruption.
In early August, Acting Regional Magistrate, Goodwill Moakofhi agreed to the prosecution plea to have the matter postponed to next Tuesday 17th November in order to give them time to wrap up their investigation which has taken them to several countries.
Prosecution had requested for a postponement while the defence opposed it and called on the state to remove the case from the roll arguing that the state would not suffer any prejudice. Last October, the state slapped Maswabi with three charges of possession of unexplained property, financing terrorism and false declaration of a passport. On Tuesday defence attorney Uyapo Ndadi expects the state to give update on what they undertook to do before their last appearance. Among others, the defence will want to know where the other accused persons are, what additional charges have been brought against Maswabi and whether the state is still proceeding with the charges of financing of terrorism. Interestingly, the purported terrorist – Maswabi - is still walking the streets and has not been declared a terrorist by the president and government. The last report expected is a statement relating to other two charges which the Prosecution had indicated to court it would be ready to proceed with namely, having more assets or living beyond her means and obtaining passports by false pretence - not using her real names.
Prosecution
In their last appearance state counsels Priscilla Israel and Sylvester Makale told that they are making progress with their investigations but did not reveal the exact nature or the extent of the progress. They wanted to change or add more accused persons, but did not mention who those accused persons are. The prosecution said they want to amend the charges or add to the charges, but they did not say which other charges. They said they are still waiting for information from other countries such as Indonesia, United Kingdom, South Africa and Jessie Island. They said they have been having difficulties obtaining information because of the COVID- 19 induced travel restrictions.
Defence
Ndadi told the court that the state arraigned his client to court as far back as October 2019 and it’s almost 10 months since she has been
brought to court while there’s been no movement by the prosecution. He said “as far as we are concerned that is unacceptable as no accused person should be brought to court when the state is not ready”.
He requested that “the state must then remove the matter from the roll and put its house in order first, and then when they are ready they can re register the case with whoever they have charged with whatever charges”.
Ndadi argued that there is not prejudice on the part of the state in withdrawing or removing the case from the roll. But, there is enormous prejudice on the part of the accused having the matter over her head which is not moving, and there is also prejudice because Maswabi is also on interdict at work.
And financially she is suffering prejudice because they have stopped her overtime allowance and she is also incurring legal costs for having to come to court to be told prosecution is still investigating and without any movement whatsoever on the case.
Moakofhi said the court agrees that there is prejudice. But, said there doesn’t seem to be anything in the magistrate court rules that allows for what the defence is asking. The court said in terms of the magistrate court rules, there is nothing that suggests that a case can be removed from the roll.
However, the court said it accepts that in terms of Common Law, it is possible but, it is not aware of any provision in the Magistrates Court Act or Rules that allows for what the defence is seeking and said, the defence would then come for the status hearing on the day that the prosecution has requested on 17 November
Action
It remains to be seen if the defence will also go ahead with its intention to present to court an oral application on November 17 as it had promised.