The Pretoria Regional Court has dismissed an application to throw out the case against an IT executive at the centre of an alleged hoax e-mail conspiracy within the African National Congress.
Muziwendoda Sikhona Kunene’s defence representatives had asked that the case be set aside because of high court action over his arrest on a search-and-seizure warrant rather than an arrest warrant.
However, prosecutor Matric Luphondo produced documents showing that while a high court application had been made, it was removed from the roll on December 13.
Magistrate Lesetja Mphahle found that the prosecution had acted within its rights in arresting Kunene and that there was no pending high court matter preventing the case from going ahead.
The matter was postponed to May 10 for further investigation.
Kunene was arrested in December for allegedly distributing hoax e-mails implicating ANC senior members in a conspiracy against the party’s deputy president Jacob Zuma and secretary general Kgalema Motlanthe.
He is accused of contravening the Intelligence Services Oversight Act by not providing information about the e-mails to the Inspector General of Intelligence, Zola Ngcakani.
The saga resulted in President Thabo Mbeki’s dismissal of National Intelligence Agency director general Billy Masetlha. — Sapa