18 Mar 2021

The Directorate of Public Prosecution (DPP) has engaged private attorneys from South Africa to prosecute the Welheminah Maswabi case. 

The outgoing prosecutor, Ms Prisicilla Israel, on Thursday, informed the Village Magistrate Court, before Acting Regional Magistrate - South, Mr Goodwill Makofi that the DPP, through its director, Advocate Stephen Tiroyakgosi, has engaged Hurter Spies Incorporated to prosecute the matter on their behalf.  Hurter Spies Incorporated will be represented by its director, Willie Durran Spies, Advocate Gerrie Nel and Advocate Phyllis Vorster from South Africa.

Ms Israel said Adv. Nel and his team had requested that the next appearance of the matter be set between April 14 and 16 as the dates would be suitable for them. 

Meanwhile, the defence team of Mr Unoda Mack and Uyapo Ndadi informed the court that they were not aware that the DPP had engaged private practitioners to prosecute the matter on their behalf. Mr Mack also informed the court during the previous mention that the prosecution was ordered to provide the defence team with further particulars of the matter as they were not satisfied with what they were provided with.

Mr Mack said an answering affidavit from the prosecution as per the court order was delivered to them on March 11. Nonetheless, Mr Mack was of the view that the DPP reply was still not satisfactory, as they had not answered some key components of their affidavit.  

In advising both parties, Mr Makofi said since they were aware that the magistrate who was dealing with the matter (Regional Magistrate - South, Mr Masilo Mathaka) was currently on study leave until July, it would not be fair for him to deal with matters that were raised before him. 

He, therefore, advised the defence team to engage the prosecution on matters which they believed were not fully attended to and only to approach the court with the view to ask for an order to be issued when they encounter challenges. 

“When there is no application before the court, parties are advised to professionally engage with each other. 

My role today is only to facilitate the matter, it is not transferred to me to deal with it,” said Mr Makofi. 

In responding to the defence, Ms Israel said the prosecution was not aware that the defence attorney was not satisfied with their answers. 

“Since we had provided answers and they have queries, my advice is that we must engage each other outside the court and deal with the concerning issues,” she said. 

Ms Israel further indicated all issues that the defence was concerned with would be attended to by the incoming prosecutor and the substantive magistrate.

The matter is set for a status hearing on August 3. 

Maswabi is charged on two counts of possession of unexplained property and false declaration of passport. Ends