The NPA's Investigating Directorate says it will re-enrol the Kusile Power Station corruption case against Matshela Koko and others when its investigation is complete, but it has significant hurdles to overcome.
There was ululation and high-fives galore among the accused in the R2.2-billion Kusile corruption case when the Middelburg Regional Court on Tuesday removed the case from the court roll. This means the National Prosecuting Authority's (NPA's) Investigating Directorate (ID) will have to go back to the drawing board on how to handle the case.
Before returning to court, the ID will need to get final approval from the National Director of Public Prosecutions, Shamila Batohi, who must submit a letter to the court confirming that the case is ready for trial.
The accused in the case include former SA Local Government Association chief executive Thabo Mokwena; Eskom's former interim chief executive Matshela Koko; his wife, Mosima Koko; his stepdaughters, Koketso Aren and Thato Choma; the project director at Kusile, Hlupheka Sithole; the lawyer Johannes Coetzee; Watson Seswai and Lese'tsa Johannes Mutchinya.
The magistrate decided to conduct an inquiry which he said was a tool that "has reinforced the protection enjoined by our constitutional regime".
Section 342A of the Criminal Procedure Act allows the court to "investigate any delay in the completion of proceedings which appears to the court to be unreasonable and which could cause substantial prejudice to the prosecution,...