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SHONGWE NOW WANTS FULL BENCH FOR CONSTITUTIONAL MATTER

By Sandile Nkambule | 2019-06-19

Former Minister of Justice and Constitutional affairs Sibusiso Bonginkhosi Shongwe has applied to have a constitutional matter in his corruption trial heard by a full bench.

This seems to be the oldest delaying tactic in the book as Shongwe’s corruption trial is expected to resume today before Judge Mbutfo Mamba as per the High Court roll for the second session.

Justice Mamba, when setting the trial dates, allocated the corruption trial five days with the first two days beginning today and tomorrow, and the other three days were set for July 10, 11 and 24, respectively.

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It has been reliably gathered that Judges Titus Mlangeni, Doris Tshabalala and Maxine Langwenya will preside over the constitutional matter that has arisen in Shongwe’s corruption case.

The matter was supposed to be set for trial before Judge Mlangeni on Monday where it was postponed to yesterday and was again postponed to tomorrow.

Shongwe and his legal team were at the High Court situated within the Magistrate’s Courts both on Monday and yesterday alongside him.

This is not the first time Shongwe has raised a constitutional matter in his case as he did the same last year after filing an application and indicated that he was challenging the constitutionality and validity of his arrest on the corruption related charges.

Shongwe of Sibusiso Shongwe and Associates threw the bombshell through his legal representative Vusi Thomo before Judge Mamba last year when his trial was supposed to commence.

Thomo had submitted that the accused person as a minister of the crown then as he was, should not have been arrested following an order that was issued by the then Chief Justice Michael Ramodibedi to the effect that an arrest could not be made on a sitting minister of the crown.

Thomo had stated that following an application for a warrant of arrest against Shongwe, he (Shongwe) moved an application challenging it and Ramodibedi dismissed the arrest warrant application with the reasons that it had been misconstrued and an arrest could not be effected on a sitting minister of the crown. Ramodibedi, who preferred to call himself ‘Makhulu Baas,’ had further ordered, according to Thomo, that no other judge should handle the matter as he had already issued an order but the Anti- Corruption Commission (ACC) further filed another application which was heard by Principal Judge Qinisile Mabuza who granted the ACC the warrant of arrest against the former minister despite Ramodibedi’s order.

“Despite the order by the then Chief Justice, Ramodibedi, the ACC proceeded to file another application which was granted by Judge Mabuza. the accused person was denied bail upon his arrest and again this was challenged at the Supreme Court which granted him bail; we therefore submit that he was illicitly and unlawfully arrested,” Thomo had submitted then.

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He submitted further that it was unfortunate that the arrest of the former minister was effected on His Majesty’s birthday where everyone was supposed to be happy as they joined. their Majesties’TO in celebration.

However, Justice Mamba saw no relevance of the day of arrest, stating that even if he was arrested on Christmas Day there would be no significance to same.

Citing the recent case of former Commerce Industry and Trade Minister Gideon Dlamini whose arrest warrant was application was dismissed, after being removed from office, Thomo submitted that likewise, Shongwe’s arrest should be nullified as the arrest was not valid and constitutionally wrong.

Justice Mamba told the defence that former minister Dlamini’s case was different in that the court held that there was no prima facie evidence that may have led to the warrant of arrest issued.

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