The EFF in North West says the R700 000 theft case against its councillor Betty Diale is a “political case” against her and the party.
Speaking to Sunday World on Wednesday, the red berets said the organisation will only discuss Diale’s future in the party once the matter has been concluded in court.
Diale appeared in the Rustenburg regional court on Tuesday to answer to charges of theft.
The matter was postponed to October 31 to allow the director of public prosecutions (DPP) to decide on her representations.
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, and that the NPA [National Prosecuting Authority] 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.
“We have decided to allow the process to be concluded in court. We cannot put a person on hold on the basis that the matter has been there for more than 10 years.”
NPA regional spokesperson Henry Mamothame said after the court case on Tuesday: “Should the representations be rejected by the DPP, a new trial date will be determined by all the parties [involved].”
He added that the contents of the representations are not known, as “nothing was placed on record in court”.
When contacted for comment on Wednesday, Diale refused to reveal the contents of her representations.
“I cannot disclose representations to the media. Let us allow the process to be held. It is between myself and the NPA. I will defend myself against the charges in court,” she said.
Diale, who is an EFF councillor at the Rustenburg local municipality, previously served as the chairperson of the organisation in North West.
Warrant of arrest
Mamothame said a warrant of arrest was previously issued against Diale for failing to appear in court on September 26, as well as failing to provide reasons for her absence.
She was arrested on October 6 and was later released on warning.
“An enquiry was held in her absence and the court subsequently accepted her medical certificate as proof for her absence,” Mamothame said.
Mamothame said Diale faces six charges of theft amounting to about R700 000 allegedly stolen from the Road Accident Fund‘s (RAF) claimants.
He said police reports have revealed that the Legal Practice Fidelity Fund received several complaints from the RAF claimants, whose payments were deposited into Diale’s trust account.
“The claimants alleged that the said money did not reach them after the payout, and subsequently reported [the matter] to the police for investigation,” said Mamothame.
Diale was practising as an attorney during the alleged commission of the crimes between 2009 and 2011. She was only charged with theft in June 2021.
The Legal Practice Council has since struck her off the roll, preventing her from practising as an attorney, said Mamothame.
