The court session where SAPS Crime Intelligence boss Major-General Dumisani Khumalo and two of his co-accused were on Wednesday seeking to have their bail conditions relaxed so they can resume work took a dramatic turn when advocate Malesela Teffo unexpectedly intervened, seeking to join the case as amicus curiae (a friend of the court).
In June, reported that Khumalo, along with six colleagues, appeared in the Pretoria court for bail applications after they were arrested on serious allegations related to unlawful senior appointments within the police force.
During their first appearance, all but one of the accused were granted bail of R10,000 each. The arrests included five police officials who stood alongside Khumalo in the dock after being apprehended on Thursday, June 26.
On Wednesday, as the court was about to hear arguments in Khumalo and two others’ bid to have their bail conditions amended under a new presiding officer, the court was informed that “advocate Malesela Teffo wants to make an application to be admitted as a friend of the court” in the matter.
The magistrate allowed Teffo to make his submissions.
Teffo began: “Good morning, Your Worship. My name is advocate Malesela Teffo. What brought me here is that I want to bring an application for amicus curiae to be a friend of court in this matter. The reason is that I am informed that the accused are here to apply for the relaxation of their bail conditions.
“Firstly, I am also the accused in another case where your brother (another magistrate) is appearing. The basis for me to bring this application is the fact that the applicants are very dangerous people. I was in jail. They are part of sending me in jail. “When I was in jail, they were monitoring my communications in jail. Mr Khumalo, the divisional commissioner, appointed Brigadier Moyana …”
At that stage, counsel for Khumalo and others, advocate Zandile Mshololo, interjected, telling the court that Teffo was flouting court processes.
Mshololo submitted: “With due respect to my learned friend, there is no substantive application that has been brought before this court on purpose for the request for my learned friend to be accepted as a friend of this court, and to be able to stand before this court and be able to address this honourable court regarding the issues implicating my clients.”
Mshololo requested that Teffo be barred from making further submissions before the court.
“My clients will be prejudiced should this court allow my learned friend Mr Teffo to continue placing on record the allegations that he wants to place on record. It is prejudicial; it should not be allowed. He cannot be allowed even to get a platform to address His Lordship — that is not proper before this court,” said Mshololo.
The prosecution concurred with Mshololo, adding that Teffo must file his application with the clerk of the court and serve it on both the State and the defence to allow them to respond properly.
Teffo told the court that he was not appearing as counsel.
“I am appearing here as a normal citizen of this country, a law-abiding citizen who has been harassed and investigated. Hence then I am saying, I am not objecting to that,” he said.
The court ruled that Teffo should follow procedures and formally file his application.
The main matter where the crime intelligence officers are seeking a relaxation of their bail conditions was postponed to November 6.
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