DEPUTY DPP: CJ ORDERED ME TO STOP PROSECUTING ‘KAKONA’ CASE

MBABANE - Deputy DPP Israel Magagula has accused Chief Justice (CJ) Bheki Maphalala of having instructed him to stop prosecuting the case of well-known Manzini businessman, Mfankhona Johannes Dlamini.

Dlamini is popularly known as ‘Kakona’. According to the deputy director of public prosecutions (DPP), the CJ informed him that the case was not of priority or importance. ‘Kakona’ was sentenced to a total of 72 and a half years imprisonment and he is now appealing both the conviction and sentence. The businessman, who was found guilty on 57 counts of contravening the Theft of Motor Vehicle Act of 1991, will, however, spend at least 39 years in prison if he pays a fine of E20 000 in respect of 20 counts of failing to report certain car components which had identification numbers obliterated. The deputy DPP has filed an application for the recusal of the CJ from the panel of Supreme Court judges to hear the matter.

Background

Giving a background of the matter, Magagula narrated the appeal was enrolled for hearing on November 25, 2021, and while he was in court waiting for the starting time, he was approached by the defence attorney, Linda Dlamini. He alleged that Linda requested that he accompany him to the chambers of the CJ to introduce an advocate whom they had instructed in the matter.  Magagula said he asked Linda why they had to introduce the advocate to the CJ and he allegedly responded by stating that the CJ was part of the panel of judges who would hear the matter.

The deputy DPP alleged that he then informed Linda that he would apply for the removal of the chief justice from the appeal hearing because before the commencement of the matter at the High Court, the CJ allegedly called him into his chambers and instructed him to stop prosecuting the appellant’s (Kakona and Senzo Sibeko) case. The advocate, according to Magagula, said he understood his concern.

He recounted that together with Linda and the instructed advocate they proceeded to the CJ’s chambers. Magagula submitted that in the chambers, the CJ was in the company of Justices Majahenkhaba Dlamini and Justice Judy Currie.    Magagula said they introduced themselves and Linda  moved on to introduce the advocate and the CJ asked him (advocate) some few questions pertaining his background.  The deputy DPP said they were then instructed to proceed to court by the chief justice.

“I then requested an indulgence and informed the panel of judges that I request to move an oral application for the removal of the honourable chief justice in the matter as before the commencement of the trial at the High Court he called me into his chambers and instructed me not to prosecute the case of the appellant because it is not a matter of priority,” alleged Magagula.

He went on to allege that the CJ responded and indicated that he did not recall doing that. “I insisted that it happened and I requested that we should not proceed with the hearing of the appeal while he is still part of the panel. The chief justice then ordered me to file a written application for his removal by close of business on November 25, 2021,” averred the deputy DPP. These are allegations whose veracity is still to be tested in court. Magagula said they then proceeded to court and the case was postponed to a date to be given by the registrar of the Supreme Court.

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