Councillor’s fraud trial postponed

Former undertaker turned Nelson Mandela Bay councillor Victor Manyati’s fraud trial was delayed yesterday after he appointed an attorney at the last minute.

Manyati appeared alongside his co-accused in the Port Elizabeth Commercial Crimes Court, where his trial was meant to get under way.

During 2013, Manyati was an undertaker at Zincedeni Funeral Services.

Manyati’s co-accused are his son Mandisa Sibham, Lucky Swartbooi, Sakhumzi Bazi and Phumelela Radu.

Bazi has since absconded and has still not been found by authorities.

The state alleges Bazi took out a funeral policy known as the Future Builder Family Funeral Plan in June 2013, which was underwritten by Metropolitan Life Limited.

The policy covered three individuals he claimed were his aunt, uncle and cousin.

According to the indictment, the three were not his relatives and the man he claimed was his uncle, Phindiwe Mzwelitye, had died in October 2012.

The state alleges further that in January 2014, acting in common purpose with Manyati, Radu, Swartbooi and Sibham, Bazi submitted a death claim for Mzwelitye.

A false abridged death certificate accompanied the application stating that Mzwelitye had died on January 20, 2014, two years after his actual death.

Two thumbprints, purporting to be those of the deceased, were also placed on the death certificate. It was later established that the prints were Sibham’s.

Swartbooi claimed that he had examined the body of Mzwelitye on January 1, 2014 while Manyati said he had collected the body on January 20, with the “burial” scheduled to take place a few days later.

The state alleges the insurer was prejudiced in the amount of R30 000.

During court proceedings yesterday, attorney Danie Gouws said he was approached by Manyati and Sibham during October and was asked to represent them at the trial.

Their previous lawyer, Zolile Ngqeza, had withdrawn from the case.

Gouws said he was not in a position to proceed with the trial because he had not obtained copies of the docket. He asked for the matter to be postponed for consultation.

Prosecutor Wilhelm De Villiers said he was disappointed that the two men had waited until the last minute to switch legal counsel, but he did not object to a request for a postponement.

The case was postponed to November 19 to allow Gouws to consult with his clients. A new trial date will be set then. – ANA