Magistrate calls ANC councillor an ‘outlaw’

By ZWANGA MUKHUTHU

A magistrate yesterday branded Nkonkobe municipality ANC ward councillor Nanziwe Rulashe an outlaw and called for her to be arrested for failing to disclose her criminal past.

Rulashe is charged with corruption and fraud of R2.5-million she received from the Amathole District Municipality to be spent on a beauty pageant she ran last year.

She had been granted bail of R10000 after saying she had no previous convictions.

The matter is before the ANC’s integrity commission. Late yesterday, ANC regional secretary Teris Ntutu said: “The cadre was listened to by the ANC integrity commission. We are waiting for a verdict.”

On Friday state advocate Diniso Ketani called for Rulashe to forfeit her bail and be held in prison on the grounds she had lied about her criminal past.

East London Magistrate Robin Taylor ruled yesterday that Rulashe be arrested and authorised that an arrest warrant be drawn up.

She said: “Once the accused has been arrested and brought before the court, we will move on to the second leg of determining whether the accused’s bail should be cancelled as a result of the situation.”

Rulashe was not present in court yesterday. A representative of the law firm representing her received the judgment on her behalf.

The Hawks could not say yesterday if they had made the arrest. Eastern Cape spokeswoman Captain Anelisa Feni said the matter was still “sub judice”.

Taylor said Rulashe had not informed her own defence attorney that she was convicted of theft in Cape Town in 2004, or that she was wanted by Gauteng police for a 2009 identity fraud offence. “The investigating officer has determined that the accused has a pending case – this case being in Sunnyside, Pretoria and the charge being fraud,” Talor said.

“The case relates to a second ID book that is affiliated with the accused. “In this case ... the accused has been circulated as a wanted person since May 15 2009.”

Taylor continued: “The investigating officer also testified that the accused has a previous conviction in Cape Town, the charge being theft. The investigating officer asked the court to issue a warrant of arrest and an order for cancellation of the accused’s bail.”

Taylor said the state based its application on three legs – that Rulashe was a flight risk who attempted to defeat the ends of justice, that she had a previous conviction and that there was a pending case she did not disclose.

“She has evaded the Pretoria case for seven years. This shows a tendency to avoid court. A further fact is that the accused is alleged to have two ID books. If this is so she could attempt to use the ID book that she did not use on the present case,” Taylor said.

“When asked by her attorney if she had cooperated with the police she said yes and when further asked by her attorney if she had in the past interfered with the administration of justice she said no. Both of these answers appear to evade telling the court that she has this pending case and she has a previous conviction, which in itself is the interference of justice,” said Taylor. “All of these factors lead the court to grant the ex parte application brought by the state and issue a warrant of arrest.” — zwangam@dispatch.co.za

lThembekile Malusi, an attorney representing ADM mayor Nomasikizi Konza in a related matter, was described in the Saturday Dispatch as an acting judge.

Malusi has pointed out that he is no longer an acting judge as his tenure had ended.

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