THE legal storm surrounding Ace Magashule, the former ANC secretary general and Free State Premier, has intensified once again as the asbestos court matter falls under scrutiny due to a contentious request from the provincial Director of Public Prosecutions (DPP), Advocate Navilla Somaru.
Deputy Judge President of the Free State division of the High Court, Nobulawo Mbhele, has fiercely criticised Somaru's recent attempt to persuade Judge President Cagney Musi to appoint an 'out of town' judge to oversee the complex and high-profile asbestos case.
In a robust response delivered in a letter, Deputy JP Mbhele outlined the ethical implications of Somaru’s request, stating that it undermines the integrity of the Free State bench and questions their competence to handle the case.
Somaru’s letter, which was hand-delivered just over a week ago, suggested that a senior judge be assigned to preside over the proceedings due to their complexities. However, Mbhele countered that such a request was not only irregular but also unethical, labelling it an affront to judicial independence.
“It is irregular for a litigant to approach a Judge with a request in any matter, regardless of the station of accused and the complexity of the issues, without the knowledge of the accused’s legal representatives.
“Since, I do not want to perpetuate this irregularity and unethical behaviour, your letter as well as my response thereto will be irregular, unethical and its contents an affront to the independence of the judiciary, which I am not prepared to perpetuate, I will not dignify any of the requests therein with a response. You cannot be a litigant and the JP’s advisor at the same time,” Mbhele writes in her letter to the DPP.
In a separate interview, Judge President Cagney Musi acknowledged that there isn’t a fundamental issue with the DPP’s desire to involve an external judge.
However, he delineated the concern: “The matter is about process and procedures which were not followed properly and not the question of substance. Conceptually, there is nothing wrong with the NPA, in conjunction with the other parties to approach the presiding judge to appoint the assessors or to approach the Judge President to appoint appoint a judge from outside.
However, that can be done when the DPP has firstly, received information that impedes the impartiality of all the judges,” Musi told Newzroom Afrika.
He remarked that the request should have only been made following specific circumstances that could jeopardise the impartiality of the judges involved.
Looking ahead, Musi expressed intentions to convene a meeting with all parties concerned in the coming year to resolve ongoing misunderstandings and disputes regarding the case.
"It is vital to clarify these issues to ensure a fair and transparent judicial process,” he stated.
The asbestos case, which has lingered on the court roll since August 2021, involves serious accusations including multiple counts of fraud, corruption, and money laundering against Magashule and his co-accused.
This scandal is particularly notable as it relates to an alleged malfeasance that siphoned an estimated R230 million from the Free State government.
Provincial spokesperson for the NPA, Free State, Mojalefa Senokoatsane said:
“It should be noted that the NPA is not at liberty to discuss in the media any formal engagement with the judiciary. However, we deny any suggestion of casting aspersions on the integrity of our judges in that division.”
Saturday Star