Former Buffalo City Metro executive mayor Zukisa Faku will lose her position in parliament, and could be sentenced to a jail term or correctional supervision, after she was found guilty of fraud.
Magistrate Sadia Jacobs found Faku guilty on nine counts of fraud totalling R15000.
She is set to lose her position in the National Council of Provinces following the judgment handed down at the East London Magistrate’s Court.
The fact that Faku has since returned the money may count in her favour, leading to her walking away with a suspended sentence and community service.
The case has been six years in the making and sentencing will commence on May 17. Her bail was extended.
The legal action against the former mayor came after a group of Buffalo City ratepayers, headed by then ANC Qinirha branch deputy chairman Mzodumo Dliwayo, entered the Fleet Street police station in February 2010 and opened a fraud case against her.
The previous year, Faku had used a BCM credit card allocated to her while in office during an overseas trip to Istanbul, Turkey.
While there in March 2009, the former mayor purchased a leather jacket at R4157, clothing for R875 from Hotic-Beyoglu store, an item at R4527 from Selv KonfeksSvon and clothing from Iamaii Akkurt for R280.
Upon her return and on May 8 2009, Faku again used the card to purchase goods at Edgars valued at R1306.85, A&D Spitz valued at R795 and Sun Goddess stores in Sandton, Johannesburg valued at R2500. On May 14 of that year, she purchased goods to the valued of R500 at Red Square in Vincent Park, East London.
Faku pleaded not guilty and maintained her innocence throughout the trial, saying guidelines on how the card was supposed to have been used were never provided to her by the municipality.
However, Jacobs ruled that Faku distorted the truth when she knowingly made false representation for the purchases of the goods, fully aware that BCM was not going to authorise payment of such goods.
In her ruling Jacobs said: “Common sense dictates that if you have R1000 in the bank, you cannot purchase with that amount of money for R9000.
“You testified you are not astute with your finances and you therefore do not read your bank statements and therefore you did not know the amount of money you possessed. This was a dangerous and reckless submission.
“This provides objective insights into the mindset of the person. When you presented the card overseas and the transaction declined because you did not have sufficient funds in your account, you nevertheless utilised the Buffalo City’s ratepayers’ money to service your needs.
“Your evidence that you were entitled to utilise the money as you deemed fit because the municipality did not provide you with guidelines or that the guidelines were not applicable to you as you were the executive mayor, a public office-bearer and not a government official, flies in the face of our constitutional democracy.”
Jacobs said as a result of Faku’s conduct, the municipality had suffered actual loss.
Faku could not be reached for comment at time of writing yesterday.
ANC spokesman in parliament Moloto Mothapo said Faku’s fate now rested with the party’s national ethics and integrity committees.
“This is the competence of the two committees. The sentence or fine imposed will eventually lead to the member being disqualified,” Mothapo said.
Buffalo City Metro spokesman Sibusiso Cindi said the former mayor, and not BCM, was in court.
“Faku is also no longer working for BCM. The court has made its ruling and BCM respects the ruling of the court and its processes.” — zwangam@dispatch.co.za
BCM ex-mayor to lose her MP job: Faku found guilty of fraud
Magistrate Sadia Jacobs found Faku guilty on nine counts of fraud totalling R15000.
She is set to lose her position in the National Council of Provinces following the judgment handed down at the East London Magistrate’s Court.
The fact that Faku has since returned the money may count in her favour, leading to her walking away with a suspended sentence and community service.
The case has been six years in the making and sentencing will commence on May 17. Her bail was extended.
The legal action against the former mayor came after a group of Buffalo City ratepayers, headed by then ANC Qinirha branch deputy chairman Mzodumo Dliwayo, entered the Fleet Street police station in February 2010 and opened a fraud case against her.
The previous year, Faku had used a BCM credit card allocated to her while in office during an overseas trip to Istanbul, Turkey.
While there in March 2009, the former mayor purchased a leather jacket at R4157, clothing for R875 from Hotic-Beyoglu store, an item at R4527 from Selv KonfeksSvon and clothing from Iamaii Akkurt for R280.
Upon her return and on May 8 2009, Faku again used the card to purchase goods at Edgars valued at R1306.85, A&D Spitz valued at R795 and Sun Goddess stores in Sandton, Johannesburg valued at R2500. On May 14 of that year, she purchased goods to the valued of R500 at Red Square in Vincent Park, East London.
Faku pleaded not guilty and maintained her innocence throughout the trial, saying guidelines on how the card was supposed to have been used were never provided to her by the municipality.
However, Jacobs ruled that Faku distorted the truth when she knowingly made false representation for the purchases of the goods, fully aware that BCM was not going to authorise payment of such goods.
In her ruling Jacobs said: “Common sense dictates that if you have R1000 in the bank, you cannot purchase with that amount of money for R9000.
“You testified you are not astute with your finances and you therefore do not read your bank statements and therefore you did not know the amount of money you possessed. This was a dangerous and reckless submission.
“This provides objective insights into the mindset of the person. When you presented the card overseas and the transaction declined because you did not have sufficient funds in your account, you nevertheless utilised the Buffalo City’s ratepayers’ money to service your needs.
“Your evidence that you were entitled to utilise the money as you deemed fit because the municipality did not provide you with guidelines or that the guidelines were not applicable to you as you were the executive mayor, a public office-bearer and not a government official, flies in the face of our constitutional democracy.”
Jacobs said as a result of Faku’s conduct, the municipality had suffered actual loss.
Faku could not be reached for comment at time of writing yesterday.
ANC spokesman in parliament Moloto Mothapo said Faku’s fate now rested with the party’s national ethics and integrity committees.
“This is the competence of the two committees. The sentence or fine imposed will eventually lead to the member being disqualified,” Mothapo said.
Buffalo City Metro spokesman Sibusiso Cindi said the former mayor, and not BCM, was in court.
“Faku is also no longer working for BCM. The court has made its ruling and BCM respects the ruling of the court and its processes.” — zwangam@dispatch.co.za
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