Thanduxolo Khalipha challenged the convictions handed down by Odendaalsrus magistrate Shaun Malander in November 2024. He argued the judgment was unfair and politically motivated.

During proceedings on Monday (19/10), Khalipha’s lawyer, Adv. Jeremy Merabe, argued that the magistrate had acted improperly during the trial and that the convictions have had damaging implications for his client’s public image and political career.

“What we want you to take into consideration is that Mr Malander helped to secure the applicant’s conviction on 1 May. He even told the prosecution to say, ‘Hey, wake up!’ Yet the prosecution was not objecting, and it was not hearsay. He was wrong. He cannot object on behalf of the state. He was acting as a referee and a player at the same time. A judicial officer must be impartial,” he said.

Merabe also argued that the words “f*ck off”, which Khalipha had uttered in anger, amounted to idle abuse rather than conduct that unlawfully impaired the complainant’s dignity.

The state conceded in its heads of argument that it had failed to prove Khalipha’s guilt beyond reasonable doubt and submitted that the appeal against his convictions should be upheld. It further argued that, should the court decline to overturn the convictions, the appeal against the sentences should succeed, and lesser sentences be imposed.

Three days later, Justice Sharon Chesiwe and acting Judge NV Motsatsi ruled in favour of Khalipha, finding him not guilty and discharging him.

Earlier judgment nullified

The ruling nullifies the earlier judgment by Malander, who had found Khalipha guilty of common assault and on two counts of crimen injuria. The court also granted condonation for the late filing of the appeal.

Khalipha has indicated that he intends to pursue action against Malander through the judicial disciplinary system.

“We will not just leave this matter; we are going to pursue it. We have already lodged a complaint with the Magistrate’s 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.”

Khalipha 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 carried 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 also named alongside former ministers Sisisi Tolashe and Bheki Cele in connection with the party’s disciplinary processes.

OFM News/ Kekeletso Mosebetsi cvs

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