Suspended ANC secretary-popular Ace Magashule has requested the excessive court to declare that the nation has no prima facie case towards him, pronouncing his prosecution is a “smear marketing campaign”.
He has also asked the court docket to compel the prosecution to reveal the names of these witnesses who especially implicate him.
Magashule is facing charges of fraud and corruption relating to a R255m smooth for an audit of asbestos roofing in the Free State. He is due back in courtroom in February.
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He was suspended from the ANC in May after he was indicted, according with the birthday party’s “step-apart” rule. The rule holds that if a member of the party is indicted on crook fees, they need to step aside from their function. If they do not, they will be suspended.
A court utility to set apart his suspension failed inside the Johannesburg high court docket, however Magashule has petitioned the Supreme Court of Appeal to hear his appeal.
In his founding utility, filed closing week, he stated: “Am I expected to go through a baseless trial, for some of years, whilst my life and profession dissipates? Even if I am exonerated, which I am assured of, the time misplaced and prejudice suffered will be of a importance hard to quantify.”
Magashule has additionally requested the courtroom to declare that he is entitled to “recognize the case that he's required to meet earlier than he pleads” and that the state did no longer comply with section 27 of the Prevention and Combating of Corrupt Activities Act, which calls for that if it's miles going to fee someone with failing to file corruption it should first find the money for them an opportunity to explain.
In his founding affidavit, Magashule insists that his political activity is the “ulterior cause” behind the choice to prosecute him and that — based totally on the proof in the docket that he has visible — the case towards him is “susceptible or non-existent”.
“Any allegation of criminal activity against me is a quantum soar, as a remember of regulation and common sense, and does now not maintain the prices,” he said.
In particular, his former personal assistant, Moroadi Cholota, who changed into first claimed as a kingdom witness, could now be an accused, he said.
Magashule additionally accused the nation of prosecutorial misconduct inside the manner that they had treated Cholota, claiming her as a country witness earlier than even having a signed assertion from her and even after his legal group had claimed her as a witness for the defence. Prosecutors had additionally issued an authorisation that Magashule be charged for failing to record a corrupt transaction without giving him an opportunity to explain, because the act calls for.
“I can effectively infer that the issuance of the impugned certificate amounted to prejudging me and the final results of the investigations,” he stated.
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Magashule wants the courtroom to order that any in addition witnesses be disclosed, because after considering the “entire docket” together with his prison group, he could not discover any proof that could lead the prosecution to discover a prosecutable case towards him.
“This results in the invariable conclusion that the meant trial is a combination of a smear campaign and a fishing day trip for you to result in irreparable damage to me. I am positioned in a function wherein I am suspicious that the so-called ‘sturdy case’ against me has no longer been disclosed to me and my prison representatives,” he said.
He has requested the state to reply to his courtroom papers by December 7.
NPA spokesperson Mthunzi Mhaga informed TimesLIVE: “We will ventilate all problems in this rely in courtroom for the duration of the motion proceedings instituted and for the duration of trial.”
Additional reporting Kgothatso Madisa
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