By Kaizer Kganyago
National Spokesperson- National Prosecuting Authority (NPA)
The National Prosecuting Authority (NPA) welcomes the judgment handed down by the Pretoria High Court on 02 April 2026, in which the court found no merit in the application brought by Mudolo and others in their attempt to prevent the NPA from charging them with racketeering.
This application formed part of a broader and ultimately unsuccessful effort to interfere with the prosecution, including attempts to remove the prosecutors from the case.
Since this case, where Shepherd Bushiri and his wife Mary Bushiri were accused before they fled the country, was transferred to the Hight Court, Pretoria for its first appearance on 20 November 2023, the state has always been ready to proceed with the trial.
However, the trial has not started even after Justice Masopa on 16 January 2025 found that the three accused persons; Willah Josheph Mudolo, his wife Zethu Matshingana Mudolo and Rising Estate (Pty) Ltd, a company represented by Willah Mudolo, was the cause of undue delays.
Willah Joseph Mudolo’s efforts to delay the proceedings included a review application against the Authorisation to charge the accused with racketeering charges (contravention of section 2 of the Prevention of Organised Crime Act).
They also asked the court to review and set aside their arrest, as well as the decision by the former National Director for Public Prosecution (NDPP) Advocate Shamila Batohi to issue a racketeering certificate amongst others.
In an attempt to interfere with prosecution, Mudolo and his wife instituted motion proceedings to remove the team of prosecutors assigned to the case from prosecuting their case.
This is after the Legal Practice Council dismissed their complaint against the prosecutors on 17 July 2025.
Justice Ismail, who presided over both the review application and the motion proceedings, dismissed the scathing and at times slanderous allegations against the prosecutors and found that there was no impropriety on the part of the prosecutors.
The evidence of Mudolo and his wife did not support the perception or their belief that the prosecutors acted improperly and that their conduct was willful in disregarding a court order.
The court further found that the criminal charges Mudolo laid against the prosecutors, were a desperate attempt to stop the prosecutor from prosecuting the matter against him.
Moreover, the judge emphasised that “a prosecutor cannot simply be replaced willy nilly because an accused person is not satisfied with him or her prosecuting a matter”.
As such the judge dismissed both the review application and motion proceedings with costs.
The trial against Mudolo and five others is set to commence on 04 May 2026 in the Pretoria High Court.
The six accused are facing multiple charges, including racketeering, money laundering, and fraud.
The NPA views with serious concern the adverse impact of the so-called “Stalingrad tactics” employed by the accused.
These tactics have not only delayed the commencement of the trial but have also undermined the rights of co-accused and the broader community to a fair and expeditious resolution of the matter.
Such conduct reflects a deliberate abuse of legal processes and will not deter the NPA from fulfilling its constitutional mandate.
The NPA remains resolute in its commitment to prosecute this matter, and all others, without fear, favour, or prejudice.
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