A planned three-day fraud trial involving former Buffalo City Metro mayor Zukiswa Ncitha, former council speaker Luleka Simon-Ndzele and two metro top managers was halted on Monday before it even started.
This came after East London regional magistrate Ignatius Kitching was made aware that he could be involved in a conflict of interest.
Kitching had previously presided and given a credibility finding in another court application involving Ncitha, Simon-Ndzele and former city manager Andile Fani.
Fani, who is a state witness, in 2015 reported the matter being heard on Monday.
Also in the dock on Monday was metro’s suspended supply chain head Thembelani Sali and executive support services head Ncumisa Sidukwana. They are all out on R2,500 bail.
Charges against them emanate from an incident on May 7 2015 when Sidukwana allegedly submitted a memorandum to Fani requesting approval for a procurement deviation in appointing Matthew Moodley, a prominent attorney, to defend Ncitha and Simon-Ndzele in a matter relating to the Mandela funeral scandal, where they are also part of the accused group.
Fani, a state witness in that matter as well, had accused Ncitha and Simon-Ndzele of interfering with his duties because he was going to testify against them.
That application was heard by Kitching, who later decided not to revoke the bail.
On Monday, senior state prosecuting advocate Luthando Makoyi was planning to call Fani to the stand as first state witness.
However after a brief meeting between the defence team, Makoyi and Kitching in his chambers, a decision was reached that Kitching would not be suitable to preside over the matter because he had heard the bail case...