The Mandela fraud scandal trial has collapsed.
Charges are expected to be withdrawn against all accused on Monday.
This would mean ANC leader Pumlani Mkolo would be free to be elected to wear the Buffalo City mayoral chain.
He and 10 others were accused of illegally benefiting from almost R6m meant to ferry mourners to Nelson Mandela’s memorial services around the Buffalo City Metro.
The decision to withdraw charges is outlined in a bombshell letter seen by the Dispatch. The letter, written earlier this week by acting national director of public prosecutions Indra Goberdan to the lawyers representing the accused, states that the matter is to be withdrawn.
The accused faced charges of fraud, corruption and money laundering.
NPA spokesperson Bulelwa Majeke said the national director of public prosecutions, advocate Shamila Batohi, could not comment until she had received a full briefing from Goberdan.
“You will understand that this is a high-profile case and needs to be handled with caution,” Majeke said.
Mkolo, is the controversial and suspended ANC Dr WB Rubusana regional chairperson. His co-accused include four other senior provincial ANC politicians – Sindiswa Gomba (ANC MPL), Zukiswa Ncitha (ANC NCOP MP), Themba Tinta (ANC MPL) and Luleka Simon Ndzele (ANC councillor).
The case against business- people Nosiphiwo Mati, Zintle Nkuhlu, Viwe Vazi, and Dean Fanoe and Buffalo City senior officials Vincent Pillay and Ondela Mahlangu is also being withdrawn.
In the letter Goberdan states: “I have received correspondence from Messrs (Mark) Fredericks and (André) Schoombee in relation to the case. I have only become involved in the matter quite recently. I regret to inform you that the trial will not proceed on 13 May 2019. The matter will in fact be withdrawn on this date.”
Mike Maseti, who has been representing Gomba, described the turn of events as a surprise.
“Their case got messed up when they charged Pillay. Initially Pillay was going to be the state witnesses. When they got hold of more documents, the prosecutors then charged Pillay and that completely destroyed their case. Pillay was their only credible witness. Without him their case just fell apart.”
Maseti expressed the view that the decision to separate the case involving Mkolo, Nkuhlu, Mati and Pillay from that of the other accused was another big mistake. “The prosecution was just lost in this case.
“Mkolo, if he wants, can now wear the mayoral chain. He is a free man. Others can also even be MECs if their party wants to deploy them,” he added.
ANC provincial chairperson Oscar Mabuyane reacted to the development: “That is good for the ANC but the provincial secretary can answer better than me."
Pillay said he had been contacted by his legal team on Tuesday morning and informed to be in court on Monday.
“I was told to be in court as the case against me will be withdrawn,” said Pillay.
Asked if he was at one stage to have been a state witness, Pillay confirmed that he had been approached by the prosecution but had declined their request.
“I told them that the truth will prevail and I can’t be a state witness,” said Pillay.
He said withdrawal of the charges would strengthen his appeal against having been sacked by BCM.
Mkolo said he was not aware of the decision to withdraw the case and would not comment.
The ANC has banned Mkolo from making public statements on behalf of the party until his name and that of his co-accused in the matter are cleared in a court of law.
The Dispatch first reported on the integrity commission’s recommendations in 2016 before Mkolo was asked “to step aside” in February that year. Mkolo appealed the decision.
At the ANC’s Nasrec elective conference in 2017 Mkolo failed to secure sufficient votes to be elected to the NEC.
He made a comeback in the build-up to the August 2018 elective regional conference after being nominated to become regional chairperson by some Dr WB Rubusana branches.
Yesterday ANC provincial secretary Lulama Ngcukayitobi declined to comment until the matter had been withdrawn.
Gomba told the Dispatch she felt vindicated. “This case has been hanging over my head for more than five years. This clearly shows that this was a politically motivated case against me.”
Tinta reserved comment until after the case was withdrawn.
BCM spokesperson Samkelo Ngwenya said the municipality had not received any communication about the case...