SA judges ar­rive for Mos­ito trial

Lesotho Times - - News - Tefo Tefo

THREE South African judges ar­rived in Maseru yes­ter­day to pre­side over a case in which Court of Ap­peal Pres­i­dent Kananelo Mos­ito wants to stop his tax-eva­sion trial which be­gins this morn­ing.

The judges are North Gaut­eng High Court Deputy Pres­i­dent Aubrey Led­waba, Jus­tice El­iz­a­beth Mamoloko Kubushi and Jus­tice David Stephanus Fourie. The two jus­tices are also from the North Gaut­eng High Court.

High Court As­sis­tant Reg­is­trar Staford Sharite con­firmed the judges’ ar­rival yes­ter­day, adding they would be sworn-in to­day just be­fore trial pro­ceeds in the Con­sti­tu­tional Court.

“They will be sworn-in by Act­ing Chief Jus­tice (Tšeliso) Mon­aphathi at 9am be­cause Madam Chief Jus­tice (Nthomeng Ma­jara) is out of the coun­try on of­fi­cial busi­ness,” Mr Sharite said.

Jus­tice Mos­ito wants the Con­sti­tu­tional Court to quash tax-eva­sion charges arges against him on the ba­sis that they are mo­ti­vated ed by mal­ice and there­fore il­le­gal. To sup­port his claim,laim, Ad­vo­cate Mos­ito says s his fel­low judges and top lawyers have not been chargedarged de­spite fail­ing to pay their tax as re­quired by the law.

Di­rec­tor of Pub­lic Pros­e­cu­tions (DPP) King’s Coun­sel Le­aba Thet­sane tsane pre­ferred crim­i­nal chargharges against Jus­tice Mos­ito on 21 Au­gust 2015 foror al­legedly not pay­ing taxx for his le­gal firm from 199696 to 2014.

Jus­tice Mos­ito is charged with vi­o­lat­ingg pro­vi­sions of the In­come e Tax Act of 1993, and Crim­i­nal mi­nal Pro­ce­dure and Ev­i­dence dence Act of 1981.

Ac­cord­ing to the chargharges, Jus­tice Mos­ito never reg­is­tered with the taxx author­i­ties as re­quired byy the law and only did so on 20 April 2015.

How­ever, the Courtrt of Ap­peal pres­i­dent on n 30 Au­gust 2015 filed a con­stion­sti­tu­tional case to havee the charges dropped.

In ad­di­tion to the e ap- pli­ca­tion, the court is also ex­pected to hear Jus­tice Mos­ito’s prayer for the Le­sotho Rev­enue Author­ity (LRA) to be com­pelled to dis­close the tax sta­tus of all the coun­try’s judges and five se­nior lawyers.

Jus - tice Mos­ito claims the judges and lawyers in ques­tion also evaded tax but were not charged, hence his ar­gu­ment the charges against him were dis­crim­i­na­tory and ma­li­cious.

The lawyers in ques­tion are Ad­vo­cates Karabo Mo­hau, Motiea Teele, Sale­mane Phafane, Zwe­lakhe Mda (all King’s Coun­sel) and At­tor­ney Qhale­hang Let­sika.

Ap­peal Court pres­i­dent Jus­tice Kananelo Mos­ito.

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