Koko's Kusile corruption case struck off roll for ‘unreasonable delay’ by NPA

The Middelburg regional court has struck the R2.2-billion Kusile corruption case from the court roll, saying the National Prosecuting Authority's (NPA) request for additional time to investigate amounted to an “unreasonable delay”.

The matter has the potential, however, to be re-enrolled if the NPA secures a written letter from the National Director of Public Prosecutions confirming they are ready to proceed with the case.

The NPA had applied for a four-month postponement to conclude its investigation. 

https://www.youtube.com/watch?v=8vm3DAFlgig

In September, the prosecutor had told the court that the NPA still needed to conclude several witness statements with people based overseas. It also told the court that resource constraints had affected the case, making it difficult to conclude complex reports. 

The defence took issue with the request and said the case should be struck from the court roll. Lawyers for the defence argued that the NPA had wasted time and arrested the accused too swiftly. 

Read more in Daily Maverick: Defence cries foul over ‘rushed’ Kusile corruption case arrests when NPA probe ‘far from complete’

The magistrate decided to conduct an inquiry which he said was a tool that “has reinforced the protection enjoined by our constitutional regime”.

Section 342A of the Criminal Procedure Act allows the court to “investigate any delay in the completion of proceedings which appears to the court to be unreasonable and which could cause substantial prejudice to the prosecution, the accused or his or her legal adviser, the State or a witness”.

“I need to acknowledge that it was quite a difficult application. It’s all about justice. It’s quite a difficult journey, the inquiry. I need to acknowledge the input you have made all made,” he said, addressing the lawyers in the case.

Eskom former interim Chief Executive Matshela Koko (left) appearing in court. (Photo: Dianne Hawker)

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