The Specialised Commercial Crimes Court sitting in Rustenburg postponed a case against EFF councillor Betty Diale to November 28 for trial.
This follows after the Director of Public Prosecutions (DPP) rejected the request by Diale’s representatives to withdraw her charges.
It is reported the state already provided Diale, also an attorney, with all the necessary documents in preparation for trial. The state also hopes there will not be any further delays as the matter has been postponed on various occasions.
The National Prosecuting Authority spokesperson Henry Mamothame said that a warrant of her arrest was previously issued for failing to appear in court on September 26 and also failing to provide reasons for her absence.
“She was re-arrested on October 6, and released on warning after she produced a medical certificate. Diale is facing six charges of theft, amounting to approximately R700 000, allegedly stolen from the Road Accident Fund (RAF) claimants,” Mamothame added.
Police reports reveal that the Legal Practice Fidelity Fund received several complaints from the RAF claimants, whose payments were deposited into Diale’s trust account.
According to the police reports, the claimants alleged that the said money did not reach them after the payout. They subsequently reported the matter to the police for investigation. Diale was practicing as an attorney during the alleged commission of the crimes between 2009 and 2011. She was subsequently charged with six counts of theft in June 2021.
Mamothame said that the Legal Practice Council has struck her off the roll, preventing her from practising as an attorney.
Political case claim
On October 18, the EFF claimed that the case against Diale, 52, is a “political case” against her and the party.
Speaking to Sunday World in October, the red berets said the organisation will only discuss Diale’s future in the party once the matter has been concluded in court.
Papiki Babuile, EFF secretary in North West, said the case was reported to the police before the formation of the organisation in 2013.
“This case has been going on for more than two to three years now. The case has been on the [court] roll for more than 10 years,” Babuile said.
“We believe it is a political case because when the EFF was formed. Betty came to the leadership of the EFF and explained that there’s a case going on. She said the NPA had not decided to prosecute.”
Babuile explained further: “This is more than 10 years ago. Only last year, the NPA came back and said they were ready to prosecute.
“She has been a member of the EFF for the past 10 years and has served in the [North West provincial] legislature with this case hanging over her head.”
