E50M CASE: DECEASED EX-PS FIGHTS FOR ACQUITAL

MBABANE – Former PS in the Ministry of Finance and E50 million capacity building suspect, the late Musa Fakudze might be deceased but she is still fighting for her exoneration in the case.

Fakudze, who is represented by Advocate Mduduzi “Tsotsi” Mabila on the instruction of Linda Dlamini, yesterday moved an application before Judge Nkululeko Hlophe that she be acquitted and discharged. Other suspects who made similar applications are Channel Swazi boss Qhawe Mamba and Ethel Matsebula. The court dismissed the trio’s applications. Judge Nkululeko Hlophe said Mamba was charged with Sabelo Mavuso and Nonhlanhla Dlamini with who he allegedly acted in common purpose. The other suspects did not move these applications.

Advocate Mabila moved the application in terms of Section 174 (4) of the Criminal Procedure and Evidence Act of 1938. In terms of this section, a suspect may apply to be acquitted and discharged in the event that a prima facie case has not been established against them. This application came after Fakudze’s demise and prosecution against her was abandoned. However, yesterday, Advocate Mabila stood in court to apply that the deceased be acquitted and discharged.

He said even if a prima facie case was established against the deceased, she would not be present to take to the stand to answer for herself. When she died, the crown had not concluded its case.

“If the court declines to accede to the application, it would mean that it is saying that she has a case to answer. Would it be possible for an accused person to present her case because she is deceased? Can a deceased person be found guilty without presenting her case?
“She cannot give her evidence and therefore cannot be found guilty” Advocate Mabila said.

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