A Member of Parliament (MP), Dr Mahali Phamotse, says the prolonged fraud case in which she is charged alongside two others has taken a heavy toll on both her personal and political life.
Phamotse spoke to this publication this week at the High Court, where her case once again failed to make meaningful progress due to the prosecution’s continued failure to furnish the defence with key documents requested months ago.
Phamotse, who faces charges of fraud and abuse of power together with former Principal Secretary (PS) in the Ministry of Education and Training, , and former Deputy PS and current PS in the same ministry, Ratšiu Majara, expressed frustration over the slow pace of the case.
The United Africans Transformation (UAT) leader said she was eager to move forward and serve her constituents effectively, stressing that the drawn-out proceedings have caused her emotional exhaustion and financial strain.
On Wednesday, when the court was expected to receive an update on the progress of evidence preparation, the defence, represented by Advocate Kabelo Letuka, told the court they had not yet received the documents.
In response, Advocate Peleha Joala for the Directorate on Corruption and Economic Offences (DCEO) said some statements were faint, prompting him to consult the former private prosecutor, Advocate Shaun Abrahams, who allegedly confirmed that he had already provided the defence with all necessary documents.
However, Advocate Salemane Phafane KC, representing Phamotse, has previously disputed this, and insisted that several key pieces of evidence were still missing. He has also complained that some of the documents previously shared were illegible, prompting the prosecution to undertake to replace them.
Advocate Joala attributed the faint documents to technical issues with photocopying cartridges.
Judge Molefi Makara, visibly displeased with the lack of progress, remarked: “So, in a way, we are still back to square one, we are still where we were yesterday.”
He stressed that the matter could not proceed until the defence received all the required documentation, adding: “Whenever we assign a date for a case, there must be progress.”
The judge directed that a Pre-Trial Preparation Session (PTPS) be convened to clarify outstanding issues between the defence and prosecution and to ensure all relevant documents are exchanged before trial.
It also emerged that notes from the PTPS conducted during Advocate Abrahams’s tenure were never shared with the court.
Taking a swipe at the prosecution, Judge Makara said it appeared the crown had failed to cooperate, suggesting that it may be deliberately protracting the matter.
Advocate Joala, recently appointed to lead the prosecution, had earlier requested one month to familiarise himself with the extensive case file, but the defence successfully argued that he should be granted two months, a move that further extended the delays.
During an earlier appearance, Judge Makara reminded the prosecution that: “It is the constitutional right of the accused to be provided by the crown with documents that form the basis of the charge so they can build their defence going forward.”
At that hearing, Advocate Phafane had sought a permanent stay of prosecution, arguing that the state’s persistent delays infringed on his client’s rights. The court declined the request, citing resource constraints within the justice system. However, Judge Makara acknowledged that another jurisdiction might have dismissed the case entirely, prompting Advocate Phafane to warn that the court might later regret its decision.
He further accused the prosecution of misleading the public into believing that the court was unwilling to proceed, “when in fact the record shows the crown has never been ready.”
Among the outstanding documents requested by the defence are records showing how Epic and Molumeli were initially awarded the Grade 5 textbook tender, and any documentation proving alleged interference in the process.
The case has been postponed to 23 February 2026.
Summary
- Phamotse, who faces charges of fraud and abuse of power together with former Principal Secretary (PS) in the Ministry of Education and Training, , and former Deputy PS and current PS in the same ministry, Ratšiu Majara, expressed frustration over the slow pace of the case.
- On Wednesday, when the court was expected to receive an update on the progress of evidence preparation, the defence, represented by Advocate Kabelo Letuka, told the court they had not yet received the documents.
- Advocate Joala, recently appointed to lead the prosecution, had earlier requested one month to familiarise himself with the extensive case file, but the defence successfully argued that he should be granted two months, a move that further extended the delays.
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