'I am free to go and represent my people' - Malema

For those just tuning in...

Julius Malema's fraud and corruption trial has been struck off the roll in the High Court in Polokwane.

Judge Billy Mothle stressed that the court had four ways to proceed before it.

The State requested a postponement to August 24 to allow accused number 5, Kagisho Dichabe, to recover from illness.

Alternatively, the State wanted to proceed with the trial despite Dichabe's absence.

Judge Billy Mothle ruled that neither of those were options were possible. The trial had already been delayed since 2012, while also continuing trial with one of the accused absent would be inconsistent with the law.

The court could have granted that the trials be separated, but the State had not applied to separate the trials, and therefore could not rule on that.

It's only option therefore, Mothle ruled, was to strike the matter off the roll.

The State can lay charges again at a later date.

“Unfortunately the State messed up its own case,” Malema continued.

“The Judge said it would separate my trial, as the court was ready to continue. But no application was filed by the State.

Malema stressing the importance of the judiciary in South Africa:

“The judges are not playing a political role,” Malema says.

“It is not an easy decision for a judge to rule in favour of Julius Malema.

“They are still fearless, and we must be thankful.

“We must be happy that those who created our Constitution, are seeing that vision.”

“The judge said I’m free," says Malema outside the court.

"We are free to be parliamentarians.

“There are no allegations, none whatsoever.

“Let them manufacture any new charges against me, they will never win. “I want to thank my family, my grandmother in particular, who stood by me, and always emphasises that I am innocent.”

"For now, the case is over, you are free to go," the judge says to the accused.

However, the judge stresses that the matter can still be brought before the court at another time.

Judge Mothle also said the court did not have the authority to separate the trials, as there was no application before the judge.

"The court is ready to advance the trial," Mothle continues.

"But we have this problem that accused number 5 (Dichaba) is not present, but also that the State refuses to separate the trials."

For the case to drag on for this long, he continues, is prejudicial to the accused.

"It would be a waste of time and prejudicial to the court and to the witnesses and the accused to postpone."

Therefore, to proceed without accused number 5 too is ruled out, Mothle says.

"A postponement is out of the question," says Mothle.

"I'm more concerned about the practical implications of a postponement."

Judge says postponement is out of the question.

The judge says he has three applications before him.

The first one is from accused number5...

State prosecutor Andrew Laka gets up to speak...

"We can take a short tea break," he says.

The court adjourns for briefly.

"We have prepared ourselves for 6 weeks of trial,” Hellens continues.

"My client is like any other person in South Africa and is entitled to the protection of the Constitution.”

"A postponement presumes the recovery of accused number 5 and presumes that the charges will proceed. There is no certainty on that presumption," says Hellens.

"We would like to proceed with the matter. My client wishes to have his term in court and is confident of his acquittal."

Hodes says there has been an unreasonable delay in this trial.

"This court cannot compel anybody to separate.”

“You cannot provisionally issue a warrant,” says Hodes.

“The accused has 14 days to appear in court.”

Advocate Lawrence Hodes now speaking for Lesiba Gwangwa.

He says the state has interpreted the law incorrectly.

Judge Billy Mothle has entered the courthouse and proceedings are underway...

State prosecutors are now asking that the trial been postponed until accused number 5, Kagisho Dichabe, returns from ill health.

According to court papers, Malema allegedly had business ties with Gwangwa.

Gwangwa, along with Malema and Kagisho Dichabe, are facing charges of racketeering, fraud, corruption and money-laundering.