New holdup in Mkolo trial
Defence plans to ask for magistrate to recuse herself in August
A MAGISTRATE set to preside over the fraud trial of several politicians and powerful business people implicated in the Nelson Mandela funeral fraud scandal is being asked to recuse herself.
The trial of former ANC Dr WB Rubusana regional secretary Pumlani Mkolo, former BCM mayor Zukiswa Ncitha, her former deputy Temba Tinta, former council speaker Luleka Simoncouncillor Sindiswa Gomba, senior BCM official Ondela Mahlangu, Viwe Vazi, Dean Fanoe, Zintle Nkhulu and Nosiphiwo Mati began in the East London Regional Court yesterday.
They face charges relating to misuse of millions of rands earmarked for the late statesman’s memorial services and funeral in December 2013.
The court filled up quickly, and dozens of supporters clad in ANC regalia spilled out into the hallway.
They had come to support Mkolo, but he was sneaked into the courtroom through the back door to avoid them.
The jovial crowd chanted pro-Mkolo songs inside and outside court.
Court proceedings got under way shortly after 10am but lawyers representing the accused told regional magistrate Sadia Jacobs that an application for her recusal would be brought forward on August 21.
Jacobs has been presiding over the matter since 2015, but the defence is of the opinion that they will not receive a fair hearing from her.
This follows a judgment by the Grahamstown High Court two months ago that set aside Jacobs’ 2015 decision that the charge sheet contained enough information for them to plead and plan their defence.
The high court ordered the state go back to the drawing board and refine the charge sheet and provide enough details so that the accused knew precisely what case they must answer.
The defence argued that the charge sheet was particularly inadequate on allegations that the accused acted with common purpose.
State prosecuting advocate Diniso Ketani said yesterday the state would reply on June 30 in compliance with the high court order, and on July 28 the defence could indicate if they were happy with the replies.
All accused yesterday appeared in court except for Gomba.
Her lawyer, advocate Mike Maseti, told the court Gomba was in Limpopo on BCM business and promised she would appear next time.
Ketani told the court that the parties would be back in court in August to iron out outstanding matters. “On October 3 we will deal with pre-trial issues, regardless of the outcome of the recusal application,” Ketani said. The recusal application will be heard on August 21.