High Court judge, Justice ‘Maliepollo Makhetha, has ruled in favor of former Principal Secretaries Lefu Manyokole and Nonkululeko Zaly, granting their application not to be tried before the High Court.
Manyokole and Zaly had accused the Directorate on Corruption and Economic Offenses (DCEO) and the Director of Public Prosecutions (DPP) of abusing their authority by elevating their M40 million fraud case to the High Court without justification.
In their interlocutory application, the pair, represented by Advocates Mahlomola Manyokole and Rethabile Setlojoane, argued that the DCEO had no independent power to refer the case to the High Court as it acts under delegated authority from the DPP.
They further contended that neither the DPP nor the DCEO had provided reasons for the elevation, calling the decision irrational and malicious.
Advocate Manyokole added that his client was prejudiced by the move, saying he could no longer afford his preferred lawyer, Advocate Salemane Phafane, due to the higher costs associated with High Court proceedings.
By remitting the matter back to the magistrateโs court, the accused are likely to face lighter sentences if found guilty, since the High Court generally hands down harsher punishments in fraud and corruption cases.
Manyokole and Zaly were charged alongside former Cabinet Principal Secretary Thabo Motoko and others for allegedly embezzling M39,959,159.30 in state funds during the state of emergency declared by former Prime Minister Moeketsi Majoro following the 2021โ2022 floods.
