High Court

The accused abandoned the section 63 application after the Magistrate recused himself, leading to a delay causing the accused to bring a section 65 bail appeal, which was opposed by prosecutors and served before the High Court.

“The accused thereafter abandoned the section 63 application. That is now after the Magistrate had recused himself ... the accused then ... brought a section 65 bail appeal”

Advocate Serunye engaged in High Court arguments referencing a Bloemfontein case where an official of the NPA committed fraud and was barred from entering NPA offices as a bail condition.

“I engaged. The High Court judge took me to cases. I tried arguing for my case. I did not get their first thing conceded. I tried and I said, this is what the law says, this is what the Magistrate said, and these are case laws where I even referred the High Court to a case in Bloemfontein where an official of the NPA committed fraud against the NPA or the DPP's office, and one of the conditions thereby the Magistrate's Court was that he is barred from entering the NPA offices in the Free State.”

The High Court appeal judgment concluded that there was no judicial or evidentiary basis for the bail condition imposed by the Magistrate, as the Magistrate failed to confine his assessment to the facts presented before the Court.

“I am unable to find any judicial basis on the evidence and submissions before the Court aquo for the bail condition that was imposed. In exercising his judicial discretion, the Magistrate did not confine his assessment to the facts presented before the Court.”

The Commission's legal power to compel examinations is questioned and opposed by ADV PREMHID, who distinguished the Commission's powers from those of a High Court in civil proceedings.

“That was opposition and you even, that was the context in which your referred to the rule in the context of civil proceedings, you said, you questioned our power... Our legal power to even compel. ... That is opposition”

CHAIRPERSON notes ADV PREMHID previously argued they lack legal power to compel an examination under civil procedure rules and never indicated willingness for voluntary examination.

“you strongly argued against it, making the point that we simply do not have the power and you distinguished the fact that we do not have the power by making reference to the power that a high court has in civil proceedings in terms of the rules.”

The High Court found that the bail condition imposed without a party requesting it was arbitrary, incorrect, had no basis, and was beyond the magistrate's power.

“the High Court concluded that that bail condition ... that was no requested by the prosecutor. It had no basis and the Magistrate did not have the power to impose such a condition ... It was arbitrary and incorrect and does not reflect a proper exercise of judicial discretion”

Mr Agliotti made a first draft confession to the Scorpions in his attempt to obtain indemnity in return for implicating Commissioner Selebi; Commissioner Selebi was sentenced and his appeal was dismissed.

“Annexure B1 is the first draft confession made by Mr Agliotti to the Scorpions... Annexure B2 was the judgment of the High Court sentencing Commissioner Selebi. Annexure B3 is the judgment of the Supreme Court of Appeal dismissing the appeal of Commissioner Selebi against this sentence”

Mr O'Sullivan states documents alone do not amount to evidence of interference; they must be read with court cases where IPID successfully stopped police interference in the investigation into Phahlane.

“The documents themselves would not amount to evidence on their own of the interference... they would have to be read together with the High Court cases... where IPID launched urgent application to stop police interference in their investigation into Phahlane”

The SCA judgment (Murphy judgment) is scathing against the police and specifically against Generals Phiyega and Mkhwanazi for political interference in disciplinary processes, and it had been kept hidden for over 10 years.

“it is the High Court and it is a scathing judgment against, this is what is referred to as the Murphy judgment, and it is a scathing judgment against the police... And against, in particular, General Phiyega and General Mkhwanazi, against both of them. And this judgment has not seen the light of day for probably 10 years or more”

General Mkhwanazi made a grievance against General Phiyega for being untruthful in her answering affidavit to the High Court, indicating he knew of the allegation of unlawful obstruction to him at the center of the application.

“General Mkhwanazi therefore knew that the allegation of an unlawful obstruction to him was at the centre of the application and the reply from General Phiyega would have to admit that central allegation if she was not going to perjure herself.”

General Mkhwanazi's claim that he was completely unaware of the contents of General Phiyega's affidavit is unconvincing because he lodged a grievance about her untruthfulness.

“General Mkhwanazi claims in his affidavit ... that he was completely unaware of the contents of General Phiyega's affidavit ... I find that claim unconvincing because he had made a grievance against her for being untruthful in her answering affidavit to the High Court.”

Four of six suspects in the Maswanganyi murder case were sentenced, with three imprisoned for life and one released; two suspects had charges withdrawn.

“We finished the case at the High Court by sentencing those four. Out of six we sentenced four. One became one of five there. The other three were sentenced for life. And the other two met who were withdrawn against them.”

The urgent application launched by Mr Matlala on 17th December 2024 relates to missing items that ought to be returned to him.

“Mr Matlala initiated an urgent application on the 17th of December 2024 in the High Court . And the purpose of it is described there in paragraph 80 . So it was in relation to a number of items she says went missing ought to be returned to him .”

General Mbuso Khumalo deposed to an answering affidavit responding to Mr Matlala's urgent application.

“General Mbuso Khumalo deposed to an answering affidavit in response to Mr Matlala 's urgent application .”