The Hawks legal counsel advocate Amelia da Silva yesterday suggested former Buffalo City Metro mayor Zukiswa Ncitha and speaker Luleka Simon-Ndzele had lied and had deliberately sought to mislead the Grahamstown High Court.
Da Silva was arguing against a high court application brought by BCM, Simon-Ndzele and Ncitha to force the Hawks to return seized recordings of the confidential council meeting at which a decision to suspend municipal manager Andile Fani was purportedly taken.
She argued that their application should be dismissed as the two were simply using their position “to run away from due process in the criminal courts”.
Ncitha and Simon-Ndzele, along with several other top politicians and business people, are facing fraud charges relating to services procured by BCM for the Mandela memorial services.
The BCM is also asking the court to interdict the Hawks, in particular lead investigator in the Mandela memorial fraud scam Captain Lupumlo Lwana, from threatening, harassing or arresting any BCM employees in future.
Da Silva said that the two top politicians had lied when they had launched the application claiming under oath that they had the authority to do so.
There had been no resolution from council at the time authorising them to do so. “It turns out that they did not in law or in fact. The court should not take this lightly.”
In fact, they had only, in late May, obtained a retrospective ratification and approval for the legal action already taken.
She also argued that Lwana had lawfully taken possession of the copied recording while investigating Fani’s allegation that the mayor and speaker, through suspending him, were effectively interfering with him as a witness against them in their fraud trial.
This was contrary to their bail conditions.
Advocate Graham Richards, for the BCM, dismissed Da Silva’s charge that they had lied under oath.
He said that at the time of bringing the application they had been of the view that they had the power and responsibility to do so.
He said this might have been an incorrect perception but it had been genuinely held. It had later been corrected by the retrospective ratification.
He also dismissed the contention they were trying to evade due process in the criminal proceedings against them. He said the decisions taken with regard to Fani had been taken by council and not by the mayor and speaker.
Judge Nomatamsanqa Beshe reserved judgment.
Ncitha, Ndzele accused of lying to court
The Hawks legal counsel advocate Amelia da Silva yesterday suggested former Buffalo City Metro mayor Zukiswa Ncitha and speaker Luleka Simon-Ndzele had lied and had deliberately sought to mislead the Grahamstown High Court.
Da Silva was arguing against a high court application brought by BCM, Simon-Ndzele and Ncitha to force the Hawks to return seized recordings of the confidential council meeting at which a decision to suspend municipal manager Andile Fani was purportedly taken.
She argued that their application should be dismissed as the two were simply using their position “to run away from due process in the criminal courts”.
Ncitha and Simon-Ndzele, along with several other top politicians and business people, are facing fraud charges relating to services procured by BCM for the Mandela memorial services.
The BCM is also asking the court to interdict the Hawks, in particular lead investigator in the Mandela memorial fraud scam Captain Lupumlo Lwana, from threatening, harassing or arresting any BCM employees in future.
Da Silva said that the two top politicians had lied when they had launched the application claiming under oath that they had the authority to do so.
There had been no resolution from council at the time authorising them to do so. “It turns out that they did not in law or in fact. The court should not take this lightly.”
In fact, they had only, in late May, obtained a retrospective ratification and approval for the legal action already taken.
She also argued that Lwana had lawfully taken possession of the copied recording while investigating Fani’s allegation that the mayor and speaker, through suspending him, were effectively interfering with him as a witness against them in their fraud trial.
This was contrary to their bail conditions.
Advocate Graham Richards, for the BCM, dismissed Da Silva’s charge that they had lied under oath.
He said that at the time of bringing the application they had been of the view that they had the power and responsibility to do so.
He said this might have been an incorrect perception but it had been genuinely held. It had later been corrected by the retrospective ratification.
He also dismissed the contention they were trying to evade due process in the criminal proceedings against them. He said the decisions taken with regard to Fani had been taken by council and not by the mayor and speaker.
Judge Nomatamsanqa Beshe reserved judgment.
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