Justice Monametsi Gaongalelwe has that he was not convinced by the arguments on why Sadique’s mother, Jeannette Mooketsi should get her car back, which has been seized by the Director of Public Prosecution (DPP) in the ongoing National Petroleum Fund legal battle.
Mooketsi’s Mercedes Benz was put under judicial restraint last year November after the investigations revealed that it was bought with proceeds of crime.
The former Minister of Mineral s’ mother approached Court of Appeal on Tuesday on urgency claiming that she needed the car back to use it for her medical checkups locally and in South Africa.
Mooketsi’s attorney, Unoda Mack told court that her client has a heart problem so she needed to go for regular checkups in SA. He argued that she was being denied the rights to use her property even though there was proof that she traded in her old car to buy the new Mercedes Benz.
Judge Gaongalelwe however interrupted Mack before he could go further asking where the urgency in the matter was.
The judge noted that Mack’ s heads of arguments did not state whether there were no other mode of transport for Mooketsi to go for medical help.
The Judge further pointed out that the attorney had emphasized that the urgency was on medical trips but the affidavit did not show checkup dates.
“We all know that cars are stolen In South Africa so what would happen if this car that is supposed to be used as an exhibit gets stolen. Will the case still continue without evidence? This is just an open endless affidavit with many loopholes. The other thing is depreciation of value as the car is driven,” pointed out Judge Gaongalelwe
Mack shot back with an argument that his client could commit the amount of the value of the car.
He said the matter of urgency arose because the car was seized immediately yet it was the only car the owned.
He said taking the matter to ordinary courts was going to take months to be heard.
For his part DPP attorney Ernest Mosate said Mack had failed to demonstrate to court why the matter could not be heard in an ordinary court.
He said the affidavit was full of self-defeating points.
Meanwhile facebook commentators who also seemed to be unconvinced by Mack’s arguments asked why Mooketsi could not usse public transport to travel to SA for her medical check up.
The readers went further to suggest practical and affordable solution to the woman’s problem in the form of a ticket from popular local musician and transporter, Senyonfere’s crossborder mini-bus to South Africa.
Justice Gaongalelwe will deliver the ruling on the matter this Friday.