Yet another delay in R Kelly concert fraud case has prosecutor disappointed

The case of former National Youth Development Agency (NYDA) head Andile Lungisa and his three co-accused was again postponed on Wednesday‚ and it has been over three years since they were first charged.

Lungisa and his wife Ursula Sali as well as business associates Thabo Shogole and Xolisile Guqaza appeared at the Johannesburg Specialised Commercial Crime Court.

They allegedly defrauded the Department of Arts and Culture of R2.5-million in 2013 by claiming fees for the appearance of American R& B artist R Kelly at the Nelson Mandela Sport and Culture Day concert at the FNB stadium. The singer‚ who was in South Africa on tour at the time‚ was unaware of the arrangement and left the country without performing in the concert.

A disappointed state prosecutor Ronel Dookun said she was aware that the accused had the right to try and defer prosecution‚ but the long delay has prejudiced the state.

The matter was postponed to allow for the National Director of Public Prosecutions (NDPP) to make a decision on new information that had emerged.

The case had previously been postponed for representations to be made to the office of the NDPP‚ asking him to withdraw the charges against the accused. They had claimed that the case against them had no merit.

But according to Dookun the NDPP has not received the representations.

Defence lawyer Mthetheleli Lindwa said they were not delaying the matter‚ as they were merely exercising their legal rights to pursue all avenues available to them.

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