The defence counsel for Ekurhuleni city manager Kagiso Lerutla is considering an application in terms of Section 342A of the Criminal Procedure Act to have the matter struck off the roll.
He appeared alongside his co-accused, axed EMPD deputy chief Julius Mkhwanazi, at the Boksburg Magistrate’s Court on November 3.
During proceedings, Lerutla’s advocate, Zweli Zakwe, highlighted delays in the matter, including the outstanding outcome of representations submitted to the National Prosecuting Authority in September.
The advocate also sought clarity on the legal status of a potential State witness, questioning whether the witness had been designated a Section 204 witness.
The defence requested proof of submission and disclosure of the witness’s status before the next court date.
Boksburg Advertiser previously reported that Mkhwanazi and Lerutla were arrested in April on charges of fraud, corruption and defeating the ends of justice.
These charges stem from an incident in 2019, where Lerutla allegedly failed to appear in court in connection with a speeding ticket.
Investigators alleged that Mkhwanazi arranged for another person to impersonate Lerutla in court while he attended an interview for the position of chief financial officer.
Both accused were granted bail of R30 000 each in the Boksburg Magistrate’s Court.
According to the State, Lerutla paid Mkhwanazi R400 000 in connection with the impersonation incident.
State prosecutor Nceba Ntelwa requested a postponement to consult with senior leadership.
The matter was postponed to November 26 to allow the State to complete its consultations.
Lerutla was reinstated and returned to work from voluntary special leave on May 18, allowing him to resume his official duties despite ongoing criminal charges.
His reinstatement sparked political tension, with opposition parties criticising the move.
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