Crime Intelligence officer Dineo Mokwele could challenge the National Prosecuting Authority’s decision to provisionally withdraw fraud and corruption charges against her, with her legal team considering an application for a permanent stay of prosecution instead.
The development follows the National Director of Public Prosecutions’ decision to withdraw the charges on Monday after evidence presented at the Madlanga Commission cast doubt on the basis of the case.
Dineo Mokwele Considers Permanent Stay Of Prosecution
The Dineo Mokwele legal team says a provisional withdrawal does not provide sufficient certainty because the charges could be reinstated in future. Her lawyer, James Ndebele, said they are weighing up whether to reject the State’s approach and instead ask the High Court to permanently halt the prosecution.
Mokwele was arrested in 2025 alongside seven other Crime Intelligence officers. They were accused of conspiring to secure her appointment to a senior position for which prosecutors alleged she was not qualified.
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However, evidence heard by the Madlanga Commission has indicated that the case lacked merit and that Mokwele met the requirements for the position.
Andy Mothibi Orders Charges To Be Provisionally Withdrawn
The Andy Mothibi decision was communicated on Monday when the National Director of Public Prosecutions directed that the fraud and corruption charges be withdrawn provisionally.
While the move removes the matter from the court roll for now, it does not prevent prosecutors from reinstating the case at a later stage if they choose to do so.
Ndebele said that possibility remained a major concern for his client.
“We are not obliged to accept the State’s provisional withdrawal of the charges. In fact, I am inclined to advise my client to reject the NDPP’s provisional withdrawal of charges and consider instituting a permanent stay of prosecution in the High Court. Remember, it’s not a foregone [conclusion] that because the NDPP has taken a decision to provisionally withdraw the charges, the court must accept that.”
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The Madlanga Commission has brought renewed scrutiny to the prosecution of senior Crime Intelligence officials. Testimony before the commission has raised questions about the evidence that led to Mokwele’s arrest and prosecution.
Should Mokwele pursue a permanent stay of prosecution, the High Court would ultimately decide whether the matter can be brought before the courts again. Her legal team has not yet confirmed when a final decision on the proposed application will be made.
