The Mandela memorial fraud case involving Buffalo City Metro ANC politicians has been postponed to July 31 pending a high court review of the charge sheet.
The case was provisionally postponed to yesterday in the East London regional court after the trial failed to start earlier this month when defence lawyers objected to the charge sheet on the grounds it was defective.
The defence teams were given time to apply to the high court for a review of magistrate Sadia Jacobs’ ruling that, despite numerous errors in the charge sheet, there was sufficient information for the accused to plead to the charges.
Yesterday, lawyers confirmed that the review application had been lodged but indicated that the record of the proceedings before Jacobs had not yet been compiled.
The case cannot be enrolled for hearing in the high court until these processes had been completed.
The postponement to July 31 is intended to give enough time for the high court application to be finalised.
But, given busy rolls in the regional court and the difficulty of coordinating the diaries of all the lawyers involved in the case, it appears unlikely the trial will go ahead later this year.
lCharges have been dropped against building contractor Wayne Dunn of ISG Construction over an alleged lack of proper safety measures at an Amalinda building site.
Dunn was charged with sub-contractor Siphiwo Ndzekeni after an employee fell to the ground while working on an open balcony on the building site.
Ndzekeni was fined R10000 or 10 months’ imprisonment after he pleaded guilty under the Occupational Health and Safety Act and his trial was separated from the charge faced by Dunn.
lCharges have also been withdrawn against Mthobeli Ngwenze, who was accused after his ex-wife’s home in a Beacon Bay complex was set alight.
The woman, who had been awarded a provisional protection order against Ngwenze, claimed he barged into her home while she was entertaining her boyfriend. — rayh@dispatch.co.za
Mandela memorial fraud trial postponed
The case was provisionally postponed to yesterday in the East London regional court after the trial failed to start earlier this month when defence lawyers objected to the charge sheet on the grounds it was defective.
The defence teams were given time to apply to the high court for a review of magistrate Sadia Jacobs’ ruling that, despite numerous errors in the charge sheet, there was sufficient information for the accused to plead to the charges.
Yesterday, lawyers confirmed that the review application had been lodged but indicated that the record of the proceedings before Jacobs had not yet been compiled.
The case cannot be enrolled for hearing in the high court until these processes had been completed.
The postponement to July 31 is intended to give enough time for the high court application to be finalised.
But, given busy rolls in the regional court and the difficulty of coordinating the diaries of all the lawyers involved in the case, it appears unlikely the trial will go ahead later this year.
lCharges have been dropped against building contractor Wayne Dunn of ISG Construction over an alleged lack of proper safety measures at an Amalinda building site.
Dunn was charged with sub-contractor Siphiwo Ndzekeni after an employee fell to the ground while working on an open balcony on the building site.
Ndzekeni was fined R10000 or 10 months’ imprisonment after he pleaded guilty under the Occupational Health and Safety Act and his trial was separated from the charge faced by Dunn.
lCharges have also been withdrawn against Mthobeli Ngwenze, who was accused after his ex-wife’s home in a Beacon Bay complex was set alight.
The woman, who had been awarded a provisional protection order against Ngwenze, claimed he barged into her home while she was entertaining her boyfriend. — rayh@dispatch.co.za
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