GQEBERHA – The Passenger Rail Agency of South Africa (Prasa) railway theft matter has been postponed, with proceedings set to continue from Monday 8 to Friday 12 June.
Magistrate Thabisa Mpimpilashe will deliver a ruling on Tuesday 9 June on whether key State witness Adrian Samuels may testify virtually from Dubai in the United Arab Emirates (UAE).
The State strongly argued in favour of virtual testimony, stating that Samuels is a compliant witness and noting that he has previously used his own funds to travel to testify in this delayed court case.
Express previously reported on the allegations that former Prasa regional manager Mthuthuzeli Swartz and Cape Town businessman Syed Nadhir Mohiudeen facilitated the sale of approximately 42 km of disused railway track between Sterkstroom and Khowa (formerly Elliot) in 2012.
Legal representatives for Swartz and Mohiudeen stressed that the case requires a fair and transparent process, questioning how effective cross-examination could be conducted while the witness is abroad.
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Regular travels
Swartz’s legal representative, Advocate Mzwamadoda Mnyani, also pointed to Samuels’ repeated failure to appear in court, noting that this marks his fourth absence despite prior warnings.
He argued that Samuels’ non-compliance risks undermining the administration of justice and raised concerns about his availability, suggesting that he is not a permanent resident of the UAE and frequently travels between South Africa and Dubai.
The State submitted that no exceptional circumstances had been demonstrated to justify a “blanket approach” to allowing virtual testimony, warning that it could prejudice the accused and weaken the integrity of cross-examination.
Mohiudeen’s legal representative, Yugeshnee Govender, raised concerns that allowing remote testimony could open the door to witness coaching or other forms of assistance during proceedings, particularly in light of advances in AI technology.
Practicality questioned
Both defence teams opposed the application, arguing that Samuels is a key witness for the State and must be cross-examined in person.
Mnyani further contended that while the accused has a constitutional right to a fair and speedy trial, fairness would be compromised if key evidence is presented remotely.
The defence also questioned the practicality of conducting meaningful cross-examination while the witness is in Dubai, stating that the matter is still at an early stage and that critical lines of questioning have not yet been fully explored.
It was further argued that the State had failed to demonstrate exceptional circumstances justifying remote testimony.
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State prosecutor Gerrit van der Merwe submitted that Samuels had previously travelled to South Africa at his own expense and participated in earlier proceedings, describing him as generally compliant and noting that he is also a resident of the UAE.
However, Mnyani emphasised that repeated non-attendance undermines the process and that the witness should not be given the option to decide how he participates in proceedings.
A ruling will be delivered on 9 June, with the matter expected to continue until 12 June, pending the outcome.
