The National Prosecuting Authority (NPA) needs an extra month to consider representations for the withdrawal of a drunken-driving charge against politician Tony Yengeni, the Goodwood Magistrate’s Court heard on Friday.
The former African National Congress chief whip’s trial was to have started on Friday, after magistrate Ricardo Phillips postponed the case in July. At that hearing, he warned it was the final postponement for the purpose of representations.
On Friday, however, prosecutor Xenie Rossouw told the court the state had no objection to one further postponement.
The court heard previously that Yengeni’s case was linked to the dismissal of Goodwood police station Commander Siphiwo Hewana, who had placed Yengeni’s blood sample in a drawer in his office, instead of locking it in a safe. Yengeni was arrested for alleged drunken driving in the early hours on September 17 last year.
Hewana himself now faces criminal charges for attempting to defeat the ends of justice, incitement to commit perjury and interfering with the Yengeni investigation. His trial has been scheduled for September 16.
At Yengeni’s appearance on Friday, defence attorney Mario Wilker told the court the representations had been sent to the NPA three weeks ago.
Asked what was causing the delay, Wilker said the NPA would not indicate to him what the process of considering representations entailed.
The NPA had said further high-level discussions were necessary. It was also considering submissions made by the Western Cape directorate for public prosecutions, who had earlier rejected the representation and directed that the prosecution proceed. Wilker had then referred the matter to the NPA. Wilker assured the court he would accept the NPA’s decision, whichever way it went.
The case was postponed to October 3. — Sapa