Investigating Directorate says magistrate in Crime Intelligence case shouldn't have recused himself

The Investigating Directorate against Corruption contends that the magistrate in the fraud and corruption case of Crime Intelligence boss, Dumisani Khumalo, should not have recused himself.

Magistrate Vusimuzi Mahlangu stepped down, citing allegations made against the judiciary before the Madlanga Commission of Inquiry as his reasons.

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During his testimony before the commission, KwaZulu-Natal Police boss, Nhlanhla Mkhwanazi, claimed the magistrate should have read the charge sheet and known that the matter should never have been enrolled in court. Mkhwanazi did not mention Mahlangu by name.

Khumalo and two senior Crime Intelligence members, who are facing fraud and corruption charges, are seeking to have their bail conditions relaxed so they can return to work.

State Prosecutor, Advocate Peter Serunye, informed the Pretoria Regional Court this morning that they will approach the High Court to review Mahlangu’s decision.

“It ought not to have happened the way it did, and it’s not in compliance with Section 22 of the Superior Courts Act and therefore on that basis we intend to make an application to the High Court to have the decision of Mr Mahlangu recusing himself from these proceedings reviewed and set aside,” Serunye stated.