Self-proclaimed prophet Shepherd Bushiri and his wife Mary appear before the Pretoria Magistrate’s Court. File Picture: Jacques Naude / Independent Newspapers
THE criminal trial of the people arrested with controversial Malawi fugitive couple and self-proclaimed prophet Shepherd Bushiri and his wife Mary is set to start at the Gauteng High Court, Pretoria, this week.
Zambian citizen Willah Joseph Mudolo, his wife Zethu Ondowa Matshingana Mudolo, Willah Joseph Mudolo’s company Rising Estates, of which he is the sole director, Landiwe Ntlokwana Sindani, Nomalarvasagie Reddy, Sateesh Isseri, and Stephanie Oliver are to stand trial for contravening the Prevention of Organised Crime Act (Poca) and the Companies Act, fraud and theft valued at R102 million.
The National Prosecuting Authority (NPA) and the Mudolos had brought applications for the high court to investigate any delays to the criminal trial.
Mudolo and his wife were arrested October 2020 and the matter was transferred to the high court in November 2023.
The trial was supposed to have started in October last year but the Mudolos later stated that the matter was not trial ready and that Rising Estates was not properly served with summons.
In terms of Poca, a person can only be charged with an offence if the National Director of Public Prosecutions authorises the prosecution in writing.
The Mudolos also indicated that they were not furnished with further particulars when they made a request.
On Friday, Judge Mokhine Mosopa found that the accused are facing very serious and complex charges and the NPA has already indicated that it will involve the services of an expert witness as a State witness.
The accused have also not yet pleaded to the charges, according to Judge Mosopa.
In court, Willah Joseph Mudolo’s legal representative argued that the NPA should be held liable for unreasonably delaying the criminal trial, which was compounded by his stringent conditions in which he was released on bail.
But Judge Mosopa was not convinced and found that arguments on Willah Joseph Mudolo’s bail conditions had found their way up to the Constitutional Court with no success.
The judge said the contention by Willah Joseph Mudolo’s lawyer that the issuing of summons by the NPA had the effect of unduly delaying the proceedings.
”In my considered view, it lacks merit and the process done after the pronouncement is of less significance and lacks evidence. I fail to understand why the State served summons of accused 1 (Willah Joseph Mudolo), despite pronouncements made by the trial judge,” states the judgment.
Judge Mosopa added that in his considered view, the blame should laid at the door of Willah Joseph Mudolo, his wife Zethu, his company for unreasonably delaying the matter.
In addition, the judge ordered that the January 20 postponement date for commencement of the trial stands subject to the dates that legal representatives confirmed they are available to be in court.
Judge Mosopa also refused the request for postponement of the matter on Monday, January 20, unless the NPA and the accused’s legal representatives are not able to be present in court.
Bushiri, who ran the Enlightened Christian Gathering church at the Tshwane Events Centre, and his wife, fled South Africa for their country in November 2020 after they were each granted R200 000 bail.
loyiso.sidimba@inl.co.za