Transnet accused want case struck off, but judge orders a step
JOHANNESBURG — Former Transnet executives seeking to have their corruption case struck off the court roll must await a further hearing after a judge ordered software experts to help resolve access to electronic material supplied for trial preparation. The State is opposing the application, and no final ruling has been made on whether the prosecution should be removed from the roll.
Brian Molefe, Anoj Singh, Siyabonga Gama, Garry Pita and Phetolo Ramosebudi are among the accused seeking relief in the Johannesburg High Court. Following submissions on Thursday, the judge directed the experts to meet and report back when proceedings resume on Wednesday, 21 October.
According to reporting by The Bulrushes, the intervention concerns access to electronic data provided to the defence. The immediate task is to establish how that material can be accessed so the accused can prepare for trial, while their application under section 342A of the Criminal Procedure Act remains unresolved.
That provision deals with unreasonable delays in criminal proceedings. It requires courts to investigate delays that appear unreasonable and could substantially prejudice the prosecution, accused, legal representatives, the State or witnesses. The court must consider more than the passage of time, including the reasons for the delay, the complexity of the charges and the consequences for those involved.
The law also requires consideration of the public’s and victims’ interests if a prosecution is stopped. It provides several possible responses, including refusing another postponement or imposing conditions on one. Where an accused has not yet pleaded, a court can strike a matter off the roll and require written prosecutorial authority before proceedings are resumed. Such an order is not itself a finding that the accused is innocent.
The Transnet proceedings concern allegations arising from transaction advisory arrangements linked to the procurement of 1,064 locomotives valued at more than R54 billion. The charges include fraud, corruption, money laundering and alleged breaches of the Public Finance Management Act. These remain allegations to be determined in court.
The case has a lengthy procedural history. In October 2022, the matter was postponed to allow disclosure of what prosecutors described as a voluminous docket. The accused included former Transnet executives and figures associated with Regiments Capital, Trillian Asset Management and Albatime.
The latest proceedings place trial preparation and the handling of disclosed material at the centre of the dispute. For the defence, access to that material is essential to answering the prosecution’s case. For the public, the proceedings concern whether allegations surrounding a major state-owned company’s procurement will reach a determination on the evidence.
The next hearing is expected to receive the experts’ report on access to the electronic data. The court has yet to decide the applications to strike the case off the roll.
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