Magistrate recuses himself
A magistrate in the case of an EFF councillor who allegedly intimidated a prosecutor has recused himself.
Rufus Mphahlele, 43, appeared briefly in the Thabamoopo Magistrate’s Court in Lebowakgomo, Limpopo, yesterday.
He is alleged to have pointed a finger at the prosecutor and threatened him with violence during a case involving EFF members last week.
In a packed courtroom yesterday, magistrate Simon Matshaba said Mphahlele was facing a schedule 5 offence and that proper investigations needed to be conducted.
Matshaba further indicated he would recuse himself and allow a magistrate from another area to preside over the case. He explained that as the complainant, the prosecutor, was his colleague, he might be accused of favouritism.
At the time of his arrest, police spokesman Colonel Moatshe Ngoepe said Mphahlele allegedly told the prosecutor he knew where he stayed and that he would make sure he would not be able to walk freely in Lebowakgomo anymore.
Mphahlele has been ordered to remain in holding cells until his next court appearance, tomorrow, for bail application. He was represented by lawyer Tumi Mokwena, who agreed with Matshaba that a different magistrate would be better placed to handle the case.
“I think the magistrate was fair recusing himself from the case to allow a neutral presiding officer to handle the matter. In doing so I believe justice will prevail,” Mokwena said.
National Prosecuting Authority (NPA) spokeswoman in Limpopo, Mashudu MalabiDzhangi, said they would oppose bail.
“As the NPA we are ready to oppose the bail application. We feel that the accused person has intimidated the state,” said Malabi-Dzhangi.