A Mthatha magistrate found himself on the wrong side of the bench yesterday when he appeared in court on charges of fraud and defeating the administration of justice.
The court case involving magistrate Dan Ngoqo – accused No2 – refers to an alleged offence dating back six years, while he was practising as a defence attorney in Mdantsane.
His former client, Mzukisi Velaphi, is a co-accused in the case.
Velaphi was a teacher at Nkululeko Primary School in NU1 when he was accused of raping a 15-year-old pupil. He was represented by Ngoqo in November 2010.
Velaphi and Ngoqo stand accused of conspiring to have the rape charge against Velaphi withdrawn.
It is alleged that a secret meeting took place at a parking lot in Amalinda at the time, where Ngoqo had met with the complainant who was not in the company of her guardian, investigating officer or public prosecutor.
During that alleged meeting, Ngoqo allegedly asked her questions while secretly recording her.
He then allegedly typed an “affidavit” that purported to come from her. The alleged fraudulent affidavit was then presented to a member of the Eastern Cape department of education who was involved in Velaphi’s internal disciplinary hearing.
The alleged fake affidavit was also presented to the prosecutor and magistrate presiding in the rape case.
The intention, says the state, was to have the prosecution’s charges against Velaphi dropped.
The state now claims that: “ unlawfully, falsely and with intention to defraud, gave out to pretend to the investigating officer and South African Police Service, the prosecuting authority and or the court, that expressly alleged certain facts contained in an affidavit.”
Velaphi was acquitted.
As an alternative charge, Velaphi is charged with having violated bail conditions, in contravention of the Criminal Procedure Act.
“During that time, did unlawfully and intentionally violate the conditions of bail imposed by communicating or facilitating or otherwise assisting in said communication,” part of the charge sheet reads.
Ngoqo is currently a regional court magistrate in Mthatha.
Yesterday, Velaphi and Ngoqo appeared briefly in the Mdantsane Regional Court where their case was postponed to November 1.
An external magistrate will be brought in from the Free State to preside over the case.
Velaphi is represented by legal aid while Ngoqo is representing himself. Advocate Deolin Willemse is prosecuting. — siyab@dispatch.co.za
Mthatha magistrate in court on fraud rap
The court case involving magistrate Dan Ngoqo – accused No2 – refers to an alleged offence dating back six years, while he was practising as a defence attorney in Mdantsane.
His former client, Mzukisi Velaphi, is a co-accused in the case.
Velaphi was a teacher at Nkululeko Primary School in NU1 when he was accused of raping a 15-year-old pupil. He was represented by Ngoqo in November 2010.
Velaphi and Ngoqo stand accused of conspiring to have the rape charge against Velaphi withdrawn.
It is alleged that a secret meeting took place at a parking lot in Amalinda at the time, where Ngoqo had met with the complainant who was not in the company of her guardian, investigating officer or public prosecutor.
During that alleged meeting, Ngoqo allegedly asked her questions while secretly recording her.
He then allegedly typed an “affidavit” that purported to come from her. The alleged fraudulent affidavit was then presented to a member of the Eastern Cape department of education who was involved in Velaphi’s internal disciplinary hearing.
The alleged fake affidavit was also presented to the prosecutor and magistrate presiding in the rape case.
The intention, says the state, was to have the prosecution’s charges against Velaphi dropped.
The state now claims that: “ unlawfully, falsely and with intention to defraud, gave out to pretend to the investigating officer and South African Police Service, the prosecuting authority and or the court, that expressly alleged certain facts contained in an affidavit.”
Velaphi was acquitted.
As an alternative charge, Velaphi is charged with having violated bail conditions, in contravention of the Criminal Procedure Act.
“During that time, did unlawfully and intentionally violate the conditions of bail imposed by communicating or facilitating or otherwise assisting in said communication,” part of the charge sheet reads.
Ngoqo is currently a regional court magistrate in Mthatha.
Yesterday, Velaphi and Ngoqo appeared briefly in the Mdantsane Regional Court where their case was postponed to November 1.
An external magistrate will be brought in from the Free State to preside over the case.
Velaphi is represented by legal aid while Ngoqo is representing himself. Advocate Deolin Willemse is prosecuting. — siyab@dispatch.co.za
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