Crime intelligence boss Lt-Gen Dumisani Khumalo’s application to amend his bail conditions could not proceed as the state has decided to review the recusal of magistrate Vusumuzi Mahlangu before the high court.
Khumalo and his co-accused — Maj-Gen Nosipho Precious Madondo (component head of intelligence analysis and coordination), Maj-Gen Josias Lekalaka (Gauteng head crime intelligence), Brig Phindile Ncube (section head: personnel security – vetting) and Brig Dineo Mokwele — applied for the amendment of their bail conditions after being granted R10,000 bail.
They were ordered not to interfere with state witnesses and were prohibited from entering any crime intelligence premises.
Their charges relate to the irregular employment of Mokwele in the senior ranking position of brigadier in technical support services. They are further accused of flouting the vetting process, which is critical in the appointment of senior officials within the SA Police Service, particularly the crime intelligence division which deals with sensitive and confidential information.
When their application was expected to be heard on Tuesday, presiding magistrate Mahlangu recused himself from the matter, stating he had been subpoenaed in the Madlanga commission of inquiry to respond to allegations raised.
It’s my humble submission that this matter should proceed before this honourable court today to allow the applicants to go back to work pending the finalisation of the review by the state as the court decides
— Advocate Zandile Mshololo, Khumalo’s lawyer
On Wednesday, before a new magistrate, state prosecutor Peter Seronye made known the state’s intention to have Mahlangu’s decision reviewed and set aside. Seronye said Mahlangu’s decision to recuse himself shouldn’t have happened the way it did, and he believes it is not in compliance with the Superior Courts Act.
“We compiled our papers this morning,” he said.
As a result, Seronye said since they are reviewing Mahlangu’s decision, they are not in a position to start the application for bail amendment as it would result in two parallel processes.
Khumalo’s lawyer, advocate Zandile Mshololo, argued that the applicants are suffering prejudice because they are unable to go back to work. She argued there has been an unreasonable delay. Mshololo asked the court to amend the bail conditions if it grants the state time to proceed with its review application.
“It’s my humble submission that this matter should proceed before this honourable court today to allow the applicants to go back to work pending the finalisation of the review by the state as the court decides,” she said.
The magistrate said the state’s intention to file a review does not require his permission. He said he would allow the review application to continue and the main issue of bail amendments cannot be dealt with until there is an outcome on the application.
Khumalo, who is project leader of the political killing task team in KwaZulu-Natal, was testifying at the Madlanga commission before his testimony was stopped when he fell ill.
During his testimony at the commission, KwaZulu-Natal police commissioner Lt-Gen Nhlanhla Mkwanazi alleged Khumalo’s arrest was an attempt to disrupt and weaken the task team to prevent Khumalo from continuing with an investigation into a criminal syndicate involving drug cartels in Gauteng.
The matter has been postponed to November 6.
TimesLIVE
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