Judgement will finally be handed down on November 21 in regard to the ongoing 342A Application heard in the Middelburg Regional Court, in which Matshela Koko and his co-accused in the alleged R2 billion Eskom fraud trial are petitioning the court to toss the matter from the court roll until the state is ready to proceed to trial.

Defence teams have argued that the evidence gathered during the investigation is so voluminous that it could take years to work through, with the investigating officer acknowledging that it took him two months just to read through an estimated 11 terabytes of information.

The docket itself, which is yet to be finalised, alongside a formal indictment against the accused, comprises at least two terabytes.

Defence teams further argued that the state would be unable to sustain what is sure to be a marathon trial, due to outstanding witness statements from German and American roleplayers, which the state countered it did not need to proceed with the trial, which will be moved to the High Court.

The court recalled the investigating officer to clear up some issues regarding his affidavits before the court.
The recall resulted in a lengthy cross-examination by the defence teams, which concluded yesterday.

If the court rules in favour of the accused, the matter will be provisionally struck from the court roll, with the accused arguing that postponements not only rob them of their constitutional rights to a speedy trial, but that continuations rack up unnecessary legal costs, while their reputations are being eroded by constant media attention around the state capture scandal.

Koko has maintained his innocence in the alleged kickbacks for tenders investigation with the construction of the Kusile Power Plant.

Koko’s wife and step-daughters have also been arrested and charged, alongside local attorney Chris Coetzee.