The SCA informed the judge that social prejudice and financial loss are ‘inherent inconveniences suffered by every accused’ and are not regarded as trial-related prejudice. Picture: AdobeStock A high court judge has now failed twice to obtain a permanent stay of criminal proceedings against him related to the alleged misappropriation of R1.32 million from the Road Accident Fund (RAF) by his law firm prior to him becoming a judge. The Supreme Court of Appeal (SCA) on Friday dismissed with costs an appeal by Bloemfontein High Court Judge Mpina Mathebula against a Free State High Court judgment.
Judge Robert Henney – with SCA judges Tati Makgoka, Fikile Mokgohloa, Selewe Mothle and Daisy Molefe concurring – said they agree with the Free State High Court that Mathebula had “made out neither a case of trial-related prejudice, nor proved, on a balance of probability, extraordinary circumstances that warrant a permanent stay of prosecution”. In reference to costs, Henney said Mathebula would have been aware that there was no trial-related prejudice in the grounds he relied upon in support of his application and that he established no exceptional circumstances for the court’s intervention in the pending criminal proceedings. “As the authorities make plain, frontal challenges that serve only to delay criminal trials should be discouraged, unless well-grounded.
“For these reasons, we are entitled to deviate from the default position and order that costs should follow the result.” The criminal charges Mathebula faces arise from his practice as an attorney, and have nothing to do with the performance of his duties and service as a judge. Tswantso Melato, the second respondent in the application, was Mathebula’s candidate attorney at the law firm Uys Mathebula Attorneys in Sasolburg in the Free State. Melato took over the law firm when he was admitted as an attorney and Mathebula appointed a judge, but has since been struck off the roll of attorneys and is Mathebula’s co-accused in the criminal proceedings. The charges against Mathebula arise from an alleged misappropriation of funds received by his law firm from the RAF between July 2012 and May 2018.
Read Full Article on The Citizen
