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Moleleki case back in court

by Sunday Express
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Former Natural Resources Minister, Monyane Moleleki

Former Natural Resources Minister, Monyane Moleleki

The prosecution will not seek former Natural Resources Minister, Monyane Moleleki — who is facing corruption charges in the High Court — to be tried separately from his co-accused.
Mr Moleleki faces three counts of contravening the Mines and Minerals Act, alongside Refela Holdings directors, Mohapi Khofu, Tšepo Khofu, Kereke Moteletsane and Moeketsi Motšoane.

According to the charges, the accused allegedly failed to comply with the said legislation between 1-29 May 2012 when acquiring licences to prospect for diamonds in Ha Ramatšeliso and Mosaqane in the Qacha’s Nek district.

Mr Moleleki was still the minister of natural resources at the time of the alleged commission of the offense.
Last month, the crown informed the court it intended prosecuting Mr Moleleki’s case separately because of his ill health.

This was after the judge, Acting Chief Justice Tšeliso Monaphathi, had announced he had found Mr Moleleki critically ill when, together with counsel for both parties, as well as some court officials, had visited the ex-minister at his Qoatsaneng home.

However, Advocate Siphosihle Mdlhuli, who is prosecuting the case, on Friday told the same court this was no longer the case.
“I had intimated that the crown might take the route of separating the trials.
“We had time to think about this and realised it would not be desirable to take that route and it would also do some injustice to the case.
“We now want the accused or his counsel to submit his medical report from time to time to determine if his health has improved or not.
“May such a report be submitted to the court about a month from today.
“We hope and pray that the First Accused (Moleleki) will be well by then,” he submitted.

Advocate Zwelakhe Mda (King’s Counsel), who forms part of the defence team, told the court there was no problem in submitting Mr Moleleki’s medical report whenever the court directs.
Justice Monaphathi then ordered the report be presented in court on July 15.
“We should come back on the 15th of July this year.
“The purpose of coming back is that the report should be made available regarding the health of the First Accused.
“This will assist to determine whether there will be a separation of trial or not,” he said.

Advocate Mdlhuli is assisted by Attorney Khotso Nthontho in the prosecution of the case, while the defence team is composed of Advocates Salemane Phafane (KC), Zwelakhe Mda (KC) and Sakoane Sakoane (KC).

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