An application for the setting aside of an arrest warrant for an information technology consultant implicated in an alleged National Intelligence Agency hoax e-mail scam was put on ice on Tuesday.
The application was removed from the Pretoria High Court’s urgent roll by consent of all the parties involved — consultant Muziwendoda Kunene, and the prosecuting authority as well as the minister of safety and security.
Prosecutor Mokotedi Mpshe said the matter will be placed on the normal court roll next year, probably in March.
In the meantime, Kunene’s bail of R2 000 will remain intact.
While he cannot be brought before a court on charges of defying an earlier search-and-seizure warrant, he can be brought before court on other charges related to the alleged scam, Mpshe told reporters outside the court.
Kunene was re-arrested last week after prosecutors claimed he defied a search-and-seizure warrant by refusing to answer investigators’ questions.
In a statement before the court, Kunene said he was served a search-and-seizure warrant on December 1, which was executed later that day.
Police removed documents, computers, disks and cellphones from his home.
He claimed the police wrongly interpreted the warrant to mean that they could interrogate him.
After questioning, he was re-arrested last Wednesday for withholding information. Kunene contended the arrest warrant was illegal as the original search-and-seizure warrant did not entitle investigators to interrogate him.
The alleged hoax e-mails were reportedly aimed at discrediting former deputy president Jacob Zuma and African National Congress secretary general Kgalema Motlanthe. — Sapa