News / National
Mliswa, court case postponed to November 25
08 Nov 2011 at 20:28hrs | Views
THE case in which businessman Temba Mliswa is facing charges of contempt of court and stocktheft has been postponed to November 25.
Magistrate Ms Esthere Chivasa deferred the matter after Mliswa's lawyer Mr Msindo Hungwe requested for some time to respond to the State's notice of opposition.
Mliswa (40) had opposed the State's intention to call his former lawyer to testify against him in court.
The last time Mliswa came to court he objected to having his former lawyer Mr Gerald Mlotshwa brought to court to give evidence against him.
The defence argues that Mr Mlotshwa knows privileged information hence he could not be a State witness in the case.
However, prosecutor Mr Obi Mabahwana filed written submissions arguing that Mliswa's application was ill conceived and that Mr Mlotshwa was a competent and compellable witness to testify in the case.
The defence is expected to respond to the State's submissions and Ms Esthere Chivasa is likely to deliver the ruling on the next remand date.
The contempt of court charges arose in 2007 after Mliswa allegedly defied a High Court order interdicting him from interfering with the administration, assets and programmes of Rydings Farm and its school.
The farm had been allocated to Mr Mlotshwa under the land redistribution programme.
The following year in January 2008, Mliswa allegedly sent his workers to drive 56 cattle that were part of the school property, which now forms the charge of theft.
This was despite the fact that Mr Mlotshwa had advised him not to take the cattle from the farm, says the State.
Magistrate Ms Esthere Chivasa deferred the matter after Mliswa's lawyer Mr Msindo Hungwe requested for some time to respond to the State's notice of opposition.
Mliswa (40) had opposed the State's intention to call his former lawyer to testify against him in court.
The last time Mliswa came to court he objected to having his former lawyer Mr Gerald Mlotshwa brought to court to give evidence against him.
The defence argues that Mr Mlotshwa knows privileged information hence he could not be a State witness in the case.
The defence is expected to respond to the State's submissions and Ms Esthere Chivasa is likely to deliver the ruling on the next remand date.
The contempt of court charges arose in 2007 after Mliswa allegedly defied a High Court order interdicting him from interfering with the administration, assets and programmes of Rydings Farm and its school.
The farm had been allocated to Mr Mlotshwa under the land redistribution programme.
The following year in January 2008, Mliswa allegedly sent his workers to drive 56 cattle that were part of the school property, which now forms the charge of theft.
This was despite the fact that Mr Mlotshwa had advised him not to take the cattle from the farm, says the State.
Source - TH