“Double jeopardy”, claim Mulaudzi’s defence team

The fraud case against the suspended chief of traffic of the Thulamela Municipality was postponed once more and the case was transferred back to the Sibasa Regional Court.

The 48-year-old Thilivhali Mulaudzi appeared in the Regional Court in Makhado on Monday morning. Mulaudzi allegedly assisted more than 800 people in acquiring drivers’ licences fraudulently. He was arrested in July last year and charged with 820 cases of fraud, or alternatively contravening sections of the National Road Traffic Act. The case was set to start on Monday and continue on Tuesday.

Mulaudzi arrived at the court accompanied by a strong legal defence team, which included advocate Barry Roux, who made headlines a month ago when he defended the SA Olympic athlete, Oscar Pistorius, on a murder charge. Mulaudzi was previously defended by Advocate Tumi Mokoena.

Advocate Roux argued that the charges against his client should be dropped, as he had already been acquitted on similar charges. Mulaudzi was arrested in November 1999 on charges of corruption and fraud. He was acquitted on all charges in the Thohoyandou Magistrate’s Court in July 2003.

During Monday’s appearance in court, Advocate Roux said the charges had now been brought back to court and this was unlawful. This is more commonly known as “double jeopardy”, a principle that states that a person cannot be prosecuted twice for the same offence.The state prosecutor argued that the matter had originated in the Thohoyandou district and should be heard there.

The magistrate ruled that the case be postponed to 20 May for a hearing in the Sibasa Regional Court. He said the Makhado Regional Court sat only two days a week, whereas the Sibasa Regional Court would be able to accommodate a five-day hearing. It would thus be easier for this court to finalise the case. Mulaudzi’s bail of R20 000 was also extended.

Also read:

23 May 2013 - Traffic chief a free man

News - Date: 12 April 2013

Kaizer Nengovhela

Kaizer Nengovhela started writing stories for Limpopo Mirror in 2000. Prior to that he had a five year stint at Phala-Phala FM as sports presenter. In 2005 Kaizer received an award from the province's premier as Best Sports Presenter. The same year he was also nominated as Best Sports Reporter by the Makhado Municipality. Kaizer was awarded the Mathatha Tsedu award in 2014.

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