Mathebula v The State and Another

The appellant, Mpina Abednego Mathebula, a sitting High Court judge and former practising attorney, was charged in the Specialised Commercial Crimes Court with theft (alternatively fraud), money laundering, and contempt of court. The charges stem from his former legal practice, Uys Mathebula Attorneys, and concern alleged misappropriation of Road Accident Fund (RAF) monies awarded in 2013 to a minor beneficiary following a motor vehicle accident. A High Court order directed that R2.2 million be paid into the firm’s trust account, invested for the child’s benefit, and that a trust be established. The State alleged that the appellant failed to comply with the order, unlawfully transferred trust funds into his business account, failed to establish the trust, and left a substantial amount unaccounted for. After the Director of Public Prosecutions declined to withdraw the charges, the appellant applied to the Free State High Court for a permanent stay of prosecution, which was dismissed. He then appealed to the Supreme Court of Appeal.

The appeal was dismissed with costs, including the costs of two counsel.

The judgment reaffirms and applies established Constitutional Court principles governing applications for a permanent stay of prosecution. It underscores that reputational harm, financial expense, or challenges to the merits of a case do not constitute trial-related prejudice, and that such applications should not be used to delay criminal proceedings. The case also reinforces the importance of proper pleading and limits on raising new grounds on appeal.