The matter was heard in the high court in Bloemfontein on Monday (19/10), where Thanduxolo Khalipha’s legal team raised serious allegations that Magistrate Shaun Malander had compromised the integrity of the judiciary. Judgment has been reserved.

Speaking after the proceedings, Khalipha said he had always maintained his innocence but respected the court process as part of his responsibility as a citizen and public figure, stressing that no one is above the law.

“We were exercising our rights, and we listened to our counsel as he presented our case to the judges. He explained that we had known from the beginning that what the magistrate was doing was not in line with the Constitution.

“Based on the questions the judges have been asking, we are very pleased. We believe our innocence has become clear and that the sentences will be set aside. We will now wait for the judgment, which is expected before the end of this week.”

Khalipha said he would not allow the matter to end with the appeal, vowing to pursue a complaint against Malander through the relevant judicial structures.

“We will not just leave this matter; we are going to pursue it. We have already lodged a complaint with the Magistrates Commission, and we want the state to take action against that magistrate. We must send a message to everyone that presiding officers need to act within the bounds of the law and not involve themselves in matters that fall outside their mandate,” he added.

The appeal follows a significant development in which the state conceded in its heads of argument that it had failed to prove Khalipha’s guilt beyond reasonable doubt. It submitted that the appeal against his convictions should be upheld.

The state further argued that, should the court decline to overturn the convictions, the appeal against the sentences should nevertheless succeed, and lesser sentences be imposed. Khalipha challenged his convictions on one count of common assault and two counts of crimen injuria handed down by Malander in 2024.

He was convicted in November 2024 following a February 2024 incident involving two municipal employees, Frank Moreroa and Sphamandla Msomi, who were employed as his bodyguards.

The case also had political implications for Khalipha, who serves as the ANC’s provincial organiser. His convictions placed him under pressure within the party, which considered disciplinary action over allegations that he had brought the organisation into disrepute.

Khalipha was named alongside former ministers Sisisi Tolashe and Bheki Cele in relation to the party’s disciplinary processes.

OFM News/Kekeletso Mosebetsi cvs

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