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The bail condition given by the Magistrate was not discussed or asked for by the prosecution in open court and was only revealed after the hearing.
“the prosecutor on that day... did not ask for the condition, but then it is given... it was not discussed, at least in court. No, not in my presence in court... that condition was not discussed or asked for by the prosecutors or by anyone.”
Foreign authorities support the principle that if a second opinion, an independent medical opinion, is requested, it should be permitted and that commissions, tribunals, and courts are not bound by expert opinions but must consider sufficiency of evidence including independent expert evidence.
“if there is a request for a second opinion , an independent medical opinion , that should be permitted . And the foreign authorities support the same ... a commission and a tribunal and a court are not bound by an expert opinion ... standard is for sufficiency of evidence and , importantly , independent expert evidence on the issue”
Advocate Johnson refused to expand on matters in the charge sheet as they are sub judice and involved ongoing court proceedings.
“When I said I would expand more, it was in reference to the charge sheet that was attached and those parts that I referred to that I can't talk about. Those matters are in court and sub judice.”
Colonel Padayachee expressed concern that the A1 statement, which contains complainants' names, is publicly available in the media and social media while the case is before court, and cautioned about sub judice issues and public domain disclosure.
“the A1 statement is all over social media ... it contains the name of the complainants ... I have my concerns ... there are further documents ... also going to be flighted out there in the public domain when the case currently is before Court ... sub judice issue ... that particular docket is still under investigation”
Affidavits by Perumal have been thrown out of court for non-compliance on these kinds of issues.
“a f f i d a v i t s h a v e b e e n t h r o w n o u t o f C o u r t f o r n o n - c o m p l i a n c e o n t h e s e k i n d o f i s s u e s.”
Destruction of exhibits happens only after SAP 83(a) is issued, indicating the case report was sent to court and decision taken; thus, an exhibit cannot be destroyed before SAP 83 is issued.
“destruction happens when SAP 83(a) is issued out, and that means the report was sent to the court and then the decision is taken. So, I do not know that an exhibit can be destroyed before an SAP 83 is issued”
ADV Baloyi disputes Warrant Officer Phakula's explanation for impounding the vehicle, suggesting it was unnecessary because all relevant information about the vehicle was available for court.
“why would it not make sense to go to court?”
Once an organ of state like the accounting officer has taken a decision, they do not have the power to revisit or undo it; to do so would require going to court.
“once an organ of state has taken a decision on something, they do not have the power to revisit that decision. They would have to go elsewhere. Court, to be specific, to say, oh, by the way, I made a mistake by signing off on that document. Court, can you please set it aside?”
There was a complaint and lawsuit regarding the tender documents being removed and some missing, leading the municipality to attempt to cancel the tender, but the court ordered the tender must proceed with evaluation, stating no basis to cancel.
“the municipality cancelled this tender because of a complaint about documents having been removed and being retained, some documents missing. Then it went to court, and the court directed that this tender must continue. There is no basis to cancel it, and the processing or the evaluation of the tender should proceed”
Director Malatji stated that the entities recommended under TMPD 2, 2016-2017 have continued rendering services since their appointment by the court order on 22 October 2021.
“The said entities were again appointed under TMPD 2 , 2016-2017 . They have rendered services since their appointment by the court on the 22nd of October 2021 . They are currently rendering the same security services to the municipality .”