Struck from roll, but Stratu excited about case 'withdrawal'

GEORGE NEWS - The municipal manager at Garden Route District Municipality (GRDM), Monde Stratu, is in high spirits following the news last week that the property case involving himself and Sitembele Wiseman Vatala, the former municipal manager of Knysna, has been struck from the court roll*.

"My client is over the moon," said attorney Jerome Bans, Stratu's legal representative.

In a press statement released on Wednesday 20 March after their brief appearance in the Knysna Regional Court, GRDM declared that the legal action against Stratu had been withdrawn.

This caused quite a stir, because legally it means that no further prosecution will take place. The National Prosecuting Authority maintains that the case is struck from the roll, but not withdrawn.

The matter involves alleged property transfers between Knysna and Garden Route District Municipality worth R64m.

Optimism prevails

"The fact that the case was struck from the roll does not mean that the matter has been withdrawn," confirmed National Prosecuting Authority spokesperson Eric Ntabazalila.

GRDM released a second statement for the purpose of clarification, in which they say that the state prosecutor has informed the court of its intention to withdraw the charges against Stratu.

"This decision is pending final internal approval. We emphasise that this is only a procedural step," reads their statement.

The GRDM also said they are exploring its legal options concerning the recovery of litigation expenses. "Details will be published in due time about the parties whose actions, deemed malicious, led to the unwarranted prosecution," read their statement.

Asked for comment on the state's intentions, Ntabazalila said the State cannot pronounce on a withdrawal of charges, in light of the fact that the case was struck off the roll.

"The matter is being dealt with and a decision to re-enrol it will be considered by the Director of Public Prosecutions (DPP) in light of the court's order."

No timeline

Bans said the implication of a case being struck off the court roll is that there is no timeline assigned to the case.

"It is uncertain whether the state will re-enrol the case, and if so, when. It alleviates some of the burden for my client to be continuously in court. It has taken a huge toll on his health," said Bans.

Why struck from the roll?

Ntabazalila explained that, due to the complexity of the matter and the voluminous docket, the court said it cannot be certain that the DPP will arrive at a decision immediately.

"So, in protection of the accused's right to a speedy trial, the matter is struck off the roll. It will be placed back on the court roll once the representations have been considered by the DPP office. This applies to both accused."

Sitembele Wiseman Vatala, the former municipal manager of Knysna.

Stratu is represented by attorney Jerome Bans, and Vatala is represented by Sebastiaan Marx of McWilliams & Elliott Incorporated Attorneys in Gqeberha.

* When a matter has been on a court roll for a considerable amount of time, the defence will usually bring an application for the matter to be struck off the roll in order to give the state 'ample time' to conclude their investigations. The main reasons advanced for such an application would be the time spent investigating the matter and the prejudice suffered by their client (www.derebus.org.za).

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