NPA drops fraud case against CFO
BCM probe of suspended boss continues
THE State has dropped its fraud charges against suspended Buffalo City Metro chief financial officer Vincent Pillay and his co-accused Mathew Moodley.
National Prosecuting Authority provincial spokesman Tshepo Ndwalaza confirmed yesterday that the charges against the two had been dropped.
Pillay and Moodley were arrested in March last year, along with former BCM mayor Zukiswa Ncitha, the metro’s executive support services head Ncumisa Sidukwana, supply chain management general manager Thembelani Sali, and BCM councillor and ANC regional deputy chairwoman Luleka Simon-Ndzele.
The Dispatch has seen a copy of one of the letters, dated April 27, in which the special commercial crimes investigating unit’s advocate L Makoyi informed Pillay and Moodley that the state had withdrawn the charges.
Asked if the document was authentic, Ndwalaza said: “It is indeed authentic, I can confirm that.”
Charges against the six relate to an incident on May 7 2015, in which Sidukwana allegedly submitted a memorandum to former metro municipal manager Andile Fani requesting approval for a deviation in appointing Moodley, of Matyeshana Moodley Inc. But Fani wrote a letter the following day declining to approve the deviation.
However, it is the state’s case that three days later, Sidukwana then requested an employee to write a requisition requesting legal services, the Dispatch reported at the time.
Moodley was hired and allegedly quoted R189 000 for his services.
He was charged for allegedly billing BCM for work done from May 7 2015 while in fact he started working on May 13.
Pillay was charged for contravening section 174(3) of the MFMA but no details of the allegation were given on the charge sheet.
In his letter, Makoyi said: “At this stage, I have decided to withdraw the charges against Mr Pillay.
“I will reconsider my position in respect of Mr Pillay after the finalisation of the case against the remaining accused.”
Contacted for comment yesterday, Pillay and Moodley confirmed receiving letters from the NPA stating that the charges had been withdrawn.
Moodley said: “While I am pleased that the charges have been withdrawn, it must be pointed out that the malicious arrest and prosecution has caused me huge reputational damage and this will be addressed at a later stage.”
Pillay said: “I have always maintained my innocence from inception. I was appalled that my colleagues and myself were charged on a BCM internal matter.”
Asked about Pillay’s suspension, BCM spokesman Sam Ngwenya said the latest developments would not impact the ongoing investigations against Pillay, as the two cases were not related.
“It is important to differentiate that the current disciplinary matter involving the CFO relates to the public protector report and not the current NPA withdrawing of the charges and therefore the likelihood is that it shouldn’t have a bearing,” said Ngwenya.