Bid to have cellphone records ruled inadmissible in Mandela funeral fraud case fails

The Bhisho high court has dismissed an application by one of the accused in the Nelson Mandela funeral fraud case to have evidence ruled inadmissible.

Former Dr WB Rubusana regional ANC chair Pumlani Mkolo had challenged the admissibility of cellphone records, leading to a trial within a trial in 2020.

A senior police analyst, Captain Adolf Jonker, had told the Bhisho high court that at no stage was it possible to change cellphone data.

He based this on his experience of eight years as an analyst in the directorate of priority crime investigations’ (Hawks) provincial office.

In the interlocutory ruling delivered on Wednesday, judge Igna Stretch ruled against the application.

“The analysis and report of [Jonker], together with the cellular phone data made available to the accused on Captain Jonker’s flash-drive on September 9 2022, are ruled admissible in the main trial,” the judgment stated.

Regional National Prosecuting Authority spokesperson Luxolo Tyali said: “We are glad that the court found in our favour.

“This means there will be progress in the case, which has been dragging on for long because of numerous applications by the accused.”

Tyali said now that the cellphone records had been ruled admissible, the state was to continue leading evidence in the main trial when it resumed.

“The prosecution will oppose any unreasonable applications and appeals that it deems are meant to derail the trial and administration of justice.

“There are still more witnesses to be called and evidence to be led. Our hope is that there won’t be any more challenges so that justice is not delayed.”

Also accused are former Buffalo City mayor Zukiswa Ncitha, former deputy mayor Themba Tinta, former speaker Luleka Simon-ndzele, former BCM councillor Sindiswa Gomba, former BCM supply chain manager Thembelani Sali, Ondela Mahlangu, Viwe Vazi, Nosiphiwo Mati and Nqaba Ludidi.

The accused have all pleaded not guilty to charges of fraud, money laundering and contravening the Municipal Finance Management Act.

The charges arise from the alleged misuse of R10m intended for memorial services in the BCM area for the former president in December 2013.

They all remain out on bail and will be back at the Bhisho high court on February 6.

Attorney Nyameko Diniso, Mkolo’s representative, said: “We are still weighing our options and we are still to take instructions from the client.”

This means there will be progress in the case, which has been dragging on for long because of numerous applications by the accused