Referred to as: State · state · State Advocate
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Fraud in this context would be committed against the state, represented by its officials, including the Generals, rather than against the Generals themselves as individuals.
“fraud would have been committed against the state and not necessarily the Generals”
A bail condition was imposed that the accused must not go to any Crime Intelligence office in the country, which was not requested by the State but was issued by the Magistrate after engagement with Ms Hlatshwayo concerning witness protection.
“the bail condition , the contentious bail condition was imposed , which is the accused , they must not go to a Crime Intelligence office anywhere in the country... that condition was not asked for by the State , but we also know from the appeal record that there was an engagement between the Magistrate and Ms Hlatshwayo about the need to protect witnesses”
Section 28 summonses are signed either by the Investigator Director or persons authorized by him or her, who have delegated authority to institute and conduct prosecutions on behalf of the state.
“In terms of section, I think it is 20 of the NPA Act, we delegate authority... The main is the ability to institute prosecutions for and on behalf of the State and to conduct investigations incidental to those prosecutions”
The bail condition prohibiting the accused from entering Crime Intelligence offices was not requested by the State Prosecutor at the time of bail application.
“that bail condition they were appealing was a condition not requested by the State ... the State never requested that they be denied access to all Crime Intelligence offices ... The prosecutor never made such a request”
The State wished to continue with the plea agreement but the other side (representing Mr Matlala) opposed continuation, signaling the criminal procedure act treats it as if no plea negotiations happened.
“he asked the State, what is your contention? The State said, oh, we wish to continue. He asked us and we said, no, we assail from the agreement. What then happens in terms of the Criminal Procedure Act is that it is as if there was never any plea negotiations happen.”
Mr Premhid asserts that the claim of hundreds of millions of rands of unlawful business dealings with the state is unproven and states that any business dealings may be lawful and are not established here or elsewhere.
“until such time that a Court orders otherwise, that there was unlawful business dealings with the state to the tune of those hundreds of millions of rands ... that there is business that may or may not be done to the tune of hundreds of millions of rands is neither here nor there”
The state was not renting a space in the building, and the landlord came during working hours to discuss the safes security.
“the state was not renting, and the landlord would come during the working hours, and we will have this talk with him about the safe”
Assistant Director Maphosho requests a summary of actions or omissions he may have committed to responsibly provide a further statement, referencing a prior witness statement in Booysen CAS 97/7/2021 and cautioning against abuse of the process by criminals in that case.
“Please provide me with a summary of the actions/omissions that you believe I may have committed or omitted for you to address this letter to me. I require this to be able to responsibly provide you with a further statement to the one I have already provided the police. As you know, I have made a witness statement in Booysen CAS 97/7/2021 and I am not sure if you have obtained a copy of that statement through the channels available to you. I trust that the DPP official directing you in this investigation has been in consultation with the State Advocate in Booysen CAS 97/7/2021 to avoid that your complaint/ss cutter or prejudice the criminal trial against them by opening a false parallel charge against police officials on the scene. You should know that this is often the tactic employed by corrupt law enforcement officials with an understanding of the criminal justice system and concomitant legislations.”
Brigadier Nkhwashu says he was informed by someone about the arrested person and that the brother-in-law wanted to know if the state will oppose bail.
“Brigadier Nkhwashu that his brother-in-law ... wanted to know if the state will oppose bail.”