Mamelodi taxi boss Vusi"Khekhe" Mathibela is expected to approach the Constitutional Court to challenge a section of the Criminal Procedure Act that allows the cancellation of bail in an accused's absence.
Mathibela is accused of the murder of North West businessman Wandile Bozwana and his bail in the case was provisionally cancelled in March this year. Furthermore, the challenge will also seek an order suspending the effect of section 68 subsection 1 for 18 months to provide Parliament with an opportunity to remedy the unconditionality identified therein.Mathibela is expected to return to court on June 20 to argue that his bail should be reinstated and that the State's rescission application should be suspended, pending the outcome of the constitutional challenge.
However, Van den Heever poked holes in his diary argument, presenting evidence that Xulu had visited Mathibela's house three times in 2018 but none of the visits were jotted down in his diary.
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