The Mandela memorial fraud trial will go ahead today against Buffalo City Metro mayor Zukiswa Ncitha and her nine co-accused, according to a ruling in the East London Regional Court.
Magistrate Sadia Jacobs yesterday criticised prosecutor Diniso Ketani for providing an updated charge sheet riddled with errors to defence lawyers minutes before the trial was due to start on Tuesday.
She, however, said there was sufficient information in the document to enable the accused to prepare their defences and for the trial to proceed.
Jacobs said Ketani’s action in providing the charge sheet at the last minute and his subsequent argument he intended to correct errors as he read out the charge sheet in court was “careless, irresponsible…and brought the office of the prosecuting authority into disrepute”.
Ketani acknowledged “typing” mistakes in the charge sheet based on “human error” and because prosecutors “work under pressure”.
He said the mistakes did not mean the charge sheet was defective and the errors could be rectified.
Jacobs ordered Ketani to correct the errors in the charge sheet and present it to the defence team by 1pm yesterday.
“I am satisfied the information supplied by the state as contained in the preamble to the charge sheet, the charges and schedules to the charges constitute sufficient particularity to enable the accused to prepare for trial.”
The accused are: Ncitha, ANC Buffalo City regional secretary Pumlani Mkolo, BCM deputy mayor Themba Tinta, council speaker Luleka Simon-Ndzele, Sindiswa Gomba, director in Ncitha’s office Ondela Mahlangu, Mkolo’s ex-girlfriend Nosiphiwo Mati and current girlfriend, Zintle Nkuhlu, and business people Viwe Vazi and Dean Fanoe.
They face various charges relating to a R5.985-million scam to defraud BCM of money earmarked to ferry mourners to memorial services after former President Nelson Mandela’s death in December 2013.
Jacobs’ decision yesterday followed an application by counsel for Mkolo, Mati and Nkuhlu, advocate Laurence Hodes, SC, for the charges to be declared defective and either rectified within a reasonable time or quashed.
Hodes argued the charge sheet did not provide sufficient information for the accused to prepare their defence.
His submissions were supported by the legal representatives for the other accused.
After the ruling yesterday, lawyers discussed with their clients whether to bring an application in the high court for a review of the finding.
Some lawyers said yesterday the only likely effect of a different ruling by the high court reviewing Jacobs’ decision would be to delay the trial to allow the National Prosecuting Authority to get its house properly in order.
Any delay may also impact on ANC regional elective conferences due to be held in coming months, in which some of the accused are expected to contest positions.
The lawyers may also request further particulars to the amended charge sheet that Ketani was due to deliver yesterday. — rayh@dispatch.co.za
Funeral fraud trial goes ahead
Magistrate Sadia Jacobs yesterday criticised prosecutor Diniso Ketani for providing an updated charge sheet riddled with errors to defence lawyers minutes before the trial was due to start on Tuesday.
She, however, said there was sufficient information in the document to enable the accused to prepare their defences and for the trial to proceed.
Jacobs said Ketani’s action in providing the charge sheet at the last minute and his subsequent argument he intended to correct errors as he read out the charge sheet in court was “careless, irresponsible…and brought the office of the prosecuting authority into disrepute”.
Ketani acknowledged “typing” mistakes in the charge sheet based on “human error” and because prosecutors “work under pressure”.
He said the mistakes did not mean the charge sheet was defective and the errors could be rectified.
Jacobs ordered Ketani to correct the errors in the charge sheet and present it to the defence team by 1pm yesterday.
“I am satisfied the information supplied by the state as contained in the preamble to the charge sheet, the charges and schedules to the charges constitute sufficient particularity to enable the accused to prepare for trial.”
The accused are: Ncitha, ANC Buffalo City regional secretary Pumlani Mkolo, BCM deputy mayor Themba Tinta, council speaker Luleka Simon-Ndzele, Sindiswa Gomba, director in Ncitha’s office Ondela Mahlangu, Mkolo’s ex-girlfriend Nosiphiwo Mati and current girlfriend, Zintle Nkuhlu, and business people Viwe Vazi and Dean Fanoe.
They face various charges relating to a R5.985-million scam to defraud BCM of money earmarked to ferry mourners to memorial services after former President Nelson Mandela’s death in December 2013.
Jacobs’ decision yesterday followed an application by counsel for Mkolo, Mati and Nkuhlu, advocate Laurence Hodes, SC, for the charges to be declared defective and either rectified within a reasonable time or quashed.
Hodes argued the charge sheet did not provide sufficient information for the accused to prepare their defence.
His submissions were supported by the legal representatives for the other accused.
After the ruling yesterday, lawyers discussed with their clients whether to bring an application in the high court for a review of the finding.
Some lawyers said yesterday the only likely effect of a different ruling by the high court reviewing Jacobs’ decision would be to delay the trial to allow the National Prosecuting Authority to get its house properly in order.
Any delay may also impact on ANC regional elective conferences due to be held in coming months, in which some of the accused are expected to contest positions.
The lawyers may also request further particulars to the amended charge sheet that Ketani was due to deliver yesterday. — rayh@dispatch.co.za
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