THE Mandela Memorial fraud case against top BCM and ANC officials was postponed in the East London Magistrate’s Court yesterday despite heated argument between prosecution and defence.
Acting magistrate Leon Kemp said he could not deny a postponement simply because the accused were prominent people in the community.
The state added another accused to the charge sheet yesterday.
Nosiphiwe Mati, a former girlfriend of ANC regional secretary Pumlani Mkolo and mother of his child, is alleged to have received R100000 from money earmarked for events to commemorate the life and death of former president Nelson Mandela.
Mkolo was also accused yesterday of contravening his bail conditions by not informing the investigating officer that he was planning to travel out of the country.
Lawyers for the accused argued that the prosecution was unnecessarily delaying the trial, prejudicing the high-profile accused and “severely embarrassing” them.
Apart from Mkolo and Mati, the other accused before the court are: BCM’s executive mayor Zukiswa Ncitha, deputy mayor Temba Tinta, council speaker Luleka Simon-Ndzele, senior councillor Sindiswa Gomba, the director in the office of the mayor Ondela Mahlangu, and business people Mzwandile Sokwali, his wife Blanche Sokwali, Viwe Vazi, Dean Fanoe and Johannesburg-attorney Zintle Nkuhlu.
Charges have also been brought against business entities Victory Ticket, Forty Wing, Mantella Trading and Mpidos Emergency.
Prosecutor Deniso Ketani said the postponement to November 21 was to obtain bank statements and cellphone records. A provisional date for the three-week trial was set for April.
Advocate Matthew Mpahlwa applied on behalf of all the accused for the matter to be struck off the roll until the state was ready to proceed.
It had provided a “draft draft” charge sheet. “When will the final charge sheet come into play?” Mpahlwa said the accused had been subjected to media scrutiny and the kind of public disapproval usually heaped on convicts.
He asked for the matter to be struck off until the state had finalised all its investigations and provided the accused with a final charge sheet and copies of all documents.
Kemp said it was “early days” in an “investigation of this nature” and he was not interested in the high-profile nature of the case or the embarrassment of the accused.
While “one must ask why the state can’t get its ducks in a row before arresting”, other accused sat in his court daily with the same obstacles.
“In all of those other cases, we allow the state reasonable postponements. Why should I make this case different?
“You’re dealing with complicated issues to investigate when it comes to money laundering. I find the state is entitled to a postponement.”
Regarding Mkolo’s trip abroad, Kemp said Ketani and Mkolo’s attorney, Nyameko Diniso, should try to reach agreement, or the prosecutor should apply for Mkolo’s bail to be withdrawn or his bail conditions changed.
Counsel for Gomba, advocate Mike Maseti, has indicated to the court that she wants to travel to Sweden on a metro initiative. — rayh@dispatch.co.za
BCM fraud trial set for April
Acting magistrate Leon Kemp said he could not deny a postponement simply because the accused were prominent people in the community.
The state added another accused to the charge sheet yesterday.
Nosiphiwe Mati, a former girlfriend of ANC regional secretary Pumlani Mkolo and mother of his child, is alleged to have received R100000 from money earmarked for events to commemorate the life and death of former president Nelson Mandela.
Mkolo was also accused yesterday of contravening his bail conditions by not informing the investigating officer that he was planning to travel out of the country.
Lawyers for the accused argued that the prosecution was unnecessarily delaying the trial, prejudicing the high-profile accused and “severely embarrassing” them.
Apart from Mkolo and Mati, the other accused before the court are: BCM’s executive mayor Zukiswa Ncitha, deputy mayor Temba Tinta, council speaker Luleka Simon-Ndzele, senior councillor Sindiswa Gomba, the director in the office of the mayor Ondela Mahlangu, and business people Mzwandile Sokwali, his wife Blanche Sokwali, Viwe Vazi, Dean Fanoe and Johannesburg-attorney Zintle Nkuhlu.
Charges have also been brought against business entities Victory Ticket, Forty Wing, Mantella Trading and Mpidos Emergency.
Prosecutor Deniso Ketani said the postponement to November 21 was to obtain bank statements and cellphone records. A provisional date for the three-week trial was set for April.
Advocate Matthew Mpahlwa applied on behalf of all the accused for the matter to be struck off the roll until the state was ready to proceed.
It had provided a “draft draft” charge sheet. “When will the final charge sheet come into play?” Mpahlwa said the accused had been subjected to media scrutiny and the kind of public disapproval usually heaped on convicts.
He asked for the matter to be struck off until the state had finalised all its investigations and provided the accused with a final charge sheet and copies of all documents.
Kemp said it was “early days” in an “investigation of this nature” and he was not interested in the high-profile nature of the case or the embarrassment of the accused.
While “one must ask why the state can’t get its ducks in a row before arresting”, other accused sat in his court daily with the same obstacles.
“In all of those other cases, we allow the state reasonable postponements. Why should I make this case different?
“You’re dealing with complicated issues to investigate when it comes to money laundering. I find the state is entitled to a postponement.”
Regarding Mkolo’s trip abroad, Kemp said Ketani and Mkolo’s attorney, Nyameko Diniso, should try to reach agreement, or the prosecutor should apply for Mkolo’s bail to be withdrawn or his bail conditions changed.
Counsel for Gomba, advocate Mike Maseti, has indicated to the court that she wants to travel to Sweden on a metro initiative. — rayh@dispatch.co.za
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