ANC members sang outside the East London Magistrate’s Court yesterday proclaiming that charges against 10 Mandela memorial service fraud accused had been withdrawn – but inside, prosecutors and lawyers agreed the trial would forge ahead on April 7.
There were heated exchanges in the lead-up to the confirmation of the trial date, as lawyers accused prosecutor Deniso Ketani and investigating officer Luphumlo Lwana of withholding the information they required to prepare their clients’ defences.
Magistrate Deon Roussouw insisted that Ketani and the lawyers “get together, talk to each other sort it out among yourselves. I am not going to get involved in who is to blame or not to blame”.
Before the court are Buffalo City Metro executive mayor Zukiswa Ncitha; ANC regional secretary Pumlani Mkolo; BCM’s deputy mayor Temba Tinta; council speaker Luleka Simon-Ndzele; senior councillor Sindiswa Gomba; the director in the office of the mayor Ondela Mahlangu; and business owners Viwe Vazi, Dean Fanoe, Johannesburg-based attorney Zintle Nkuhlu and Nosiphiwo Mati.
Charges have also been brought against various business entities related to some of the accused.
The case against businessman Mzwandile Sokwali was finalised in December last year when he was given a fully suspended prison term of five years for his role in the fraud.
His company was fined an effective R50000, while his wife Blanche Boti Sokwali was let off the hook on all charges.
The Sokwalis’ evidence for the state appears crucial in the case faced by the remaining accused, with lawyers complaining that the couple’s witness statements had only been presented to them last week.
Ketani let the cat out of the bag when he disclosed in court that local attorney Andre Schoombee, representing Dean Fanoe, had made representations for charges to be dropped against his client on the basis he would testify for the state against the others.
Schoombee objected to the disclosure of an “off-the-record” meeting to discuss settlement of the case against his client.
“He still joked that ‘I’m not going to tape it with my cellphone’,” he said, referring to Ketani. “And now, he’s addressing the court on a ‘without prejudice’ discussion that took place. I take exception to it.”
Ketani acknowledged it was “regrettable” that he had made the disclosure of the discussion “on the record” in court.
“We did not agree, so there is no deal then.”
The state and defence agreed that by March 2 the state would provide a schedule to the defence of all the documents it intended relying on during the trial.
The state would also provide each defence representative with a summary of the state’s case against their respective clients. — rayh@dispatch.co.za
Trial date set for funeral fraud
There were heated exchanges in the lead-up to the confirmation of the trial date, as lawyers accused prosecutor Deniso Ketani and investigating officer Luphumlo Lwana of withholding the information they required to prepare their clients’ defences.
Magistrate Deon Roussouw insisted that Ketani and the lawyers “get together, talk to each other sort it out among yourselves. I am not going to get involved in who is to blame or not to blame”.
Before the court are Buffalo City Metro executive mayor Zukiswa Ncitha; ANC regional secretary Pumlani Mkolo; BCM’s deputy mayor Temba Tinta; council speaker Luleka Simon-Ndzele; senior councillor Sindiswa Gomba; the director in the office of the mayor Ondela Mahlangu; and business owners Viwe Vazi, Dean Fanoe, Johannesburg-based attorney Zintle Nkuhlu and Nosiphiwo Mati.
Charges have also been brought against various business entities related to some of the accused.
The case against businessman Mzwandile Sokwali was finalised in December last year when he was given a fully suspended prison term of five years for his role in the fraud.
His company was fined an effective R50000, while his wife Blanche Boti Sokwali was let off the hook on all charges.
The Sokwalis’ evidence for the state appears crucial in the case faced by the remaining accused, with lawyers complaining that the couple’s witness statements had only been presented to them last week.
Ketani let the cat out of the bag when he disclosed in court that local attorney Andre Schoombee, representing Dean Fanoe, had made representations for charges to be dropped against his client on the basis he would testify for the state against the others.
Schoombee objected to the disclosure of an “off-the-record” meeting to discuss settlement of the case against his client.
“He still joked that ‘I’m not going to tape it with my cellphone’,” he said, referring to Ketani. “And now, he’s addressing the court on a ‘without prejudice’ discussion that took place. I take exception to it.”
Ketani acknowledged it was “regrettable” that he had made the disclosure of the discussion “on the record” in court.
“We did not agree, so there is no deal then.”
The state and defence agreed that by March 2 the state would provide a schedule to the defence of all the documents it intended relying on during the trial.
The state would also provide each defence representative with a summary of the state’s case against their respective clients. — rayh@dispatch.co.za
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