Legal argument continues today in the East London Regional Court on a claim by defence lawyers in the Mandela memorial fraud trial that the charge sheets are defective.
On Wednesday magistrate Sadia Jacobs ruled that the charge sheet contained sufficient information for the 10 accused to prepare their defences and to plead to the charges.
Before the court are Buffalo City metro mayor Zukiswa Ncitha, her deputy Themba Tinta, ANC Buffalo City regional secretary Phumlani Mkolo, 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 charges relating to the R5.985-million scam to defraud BCM of money earmarked to ferry mourners to services after Nelson Mandela’s death in December 2013.
Jacobs made Wednesday’s ruling in terms of a section of the Criminal Procedure Act which allows for an accused to object to the charge on the grounds that it does not provide sufficient particulars or the essential elements of the offence.
Prosecutor Diniso Ketani was ordered to effect corrections to the charge sheet and present the re-drafted document by 1pm on Wednesday, with the trial scheduled to re-start yesterday morning.
But yesterday, Advocate Laurence Hodes, SC, for Mkolo, Mati and Nkuhlu, argued that the charge sheet was still defective, saying that as a result, a subsequent section of the law kicked in which allowed Jacobs to quash the charges.
“In its current draft the charge sheet still contains errors which render it incomprehensible. We are not talking about minor typing errors.”
Hodes said the charges were incapable of being corrected and clearly prejudiced his clients. The re-drafted version had introduced new charges which had “never existed before” and the defence was entitled to ask for further particulars. “This charge sheet falls to be quashed. It is impossible for my clients to plead. They do not understand what they are alleged to have done.”
Lawyers for all the other accused objected to the re-drafted charge sheet. Advocate Phillip Zilwa, SC, for Ncitha and Vazi, said by producing various versions of the charge sheet, the state had “played mayhem with our preparation for the case”.
He said that based on Jacobs’s order, Ketani could no longer “do as he pleases” with the charge sheet and had been placed on “high alert” to get his house in order.
The latest charge sheet was worse than any of the previous ones and the section in the law which allowed Jacobs to quash the charges should now kick in. — rayh@dispatch.co.za
Mandela fraud defence calls for charges to be quashed
On Wednesday magistrate Sadia Jacobs ruled that the charge sheet contained sufficient information for the 10 accused to prepare their defences and to plead to the charges.
Before the court are Buffalo City metro mayor Zukiswa Ncitha, her deputy Themba Tinta, ANC Buffalo City regional secretary Phumlani Mkolo, 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 charges relating to the R5.985-million scam to defraud BCM of money earmarked to ferry mourners to services after Nelson Mandela’s death in December 2013.
Jacobs made Wednesday’s ruling in terms of a section of the Criminal Procedure Act which allows for an accused to object to the charge on the grounds that it does not provide sufficient particulars or the essential elements of the offence.
Prosecutor Diniso Ketani was ordered to effect corrections to the charge sheet and present the re-drafted document by 1pm on Wednesday, with the trial scheduled to re-start yesterday morning.
But yesterday, Advocate Laurence Hodes, SC, for Mkolo, Mati and Nkuhlu, argued that the charge sheet was still defective, saying that as a result, a subsequent section of the law kicked in which allowed Jacobs to quash the charges.
“In its current draft the charge sheet still contains errors which render it incomprehensible. We are not talking about minor typing errors.”
Hodes said the charges were incapable of being corrected and clearly prejudiced his clients. The re-drafted version had introduced new charges which had “never existed before” and the defence was entitled to ask for further particulars. “This charge sheet falls to be quashed. It is impossible for my clients to plead. They do not understand what they are alleged to have done.”
Lawyers for all the other accused objected to the re-drafted charge sheet. Advocate Phillip Zilwa, SC, for Ncitha and Vazi, said by producing various versions of the charge sheet, the state had “played mayhem with our preparation for the case”.
He said that based on Jacobs’s order, Ketani could no longer “do as he pleases” with the charge sheet and had been placed on “high alert” to get his house in order.
The latest charge sheet was worse than any of the previous ones and the section in the law which allowed Jacobs to quash the charges should now kick in. — rayh@dispatch.co.za
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