Lawyers for Ekurhuleni municipal manager Kagiso Lerutla say they are considering an application under Section 342A of the Criminal Procedure Act to have the fraud case against him struck off the roll. Lerutla and his co-accused, Julius Mkhwanazi, are presumed innocent.
What the lawyers say
Section 342A deals with delays in criminal proceedings. Lerutla's legal team says it is considering the application because of delays, including the outstanding outcome of representations they made to the National Prosecuting Authority (NPA) in September. No application has been reported as filed.
The charges
Lerutla and Mkhwanazi, a former deputy chief of the Ekurhuleni Metropolitan Police Department, are before the Boksburg Magistrate's Court on charges of fraud, corruption and defeating the ends of justice. Mkhwanazi also faces a separate firearms charge.
The allegations date to 2019. It is alleged that another person impersonated Lerutla in court after he was arrested for speeding, in exchange for a payment of R400,000. These are allegations that have not been tested in court.
The case so far
Mkhwanazi was arrested at his home in April, and Lerutla was arrested the next day at OR Tambo International Airport after returning from Cape Town. Both were granted bail of R30,000.
At the most recent appearance, Mkhwanazi was absent because the request to bring him to court reached Correctional Services late, so Lerutla appeared alone.
What we do not yet know
We have not confirmed the next court date, whether the application will be filed, or the NPA's response to the September representations. We have not seen a comment from the NPA or from Lerutla himself.
