Disgraced finance chief Botha claims court erred in conviction
MOSSEL Bay Municipality chief financial officer Marius Botha believes the court “erred substantially” when convicting him of fraud and money laundering.
He is of the view that the hearing in Williston in the Northern Cape was unfair and that the facts of the case would place the matter into context as politics played a “big role”.
This is contained in a report by independent investigator Bradley Conradie, tasked by Mossel Bay Municipality to investigate Botha’s alleged misconduct following his conviction in May.
Botha and his co-accused, Louis Nothnagel, who was the municipal manager at Karoo Hoogland Municipality, and bogus company owner Ockert Tobias Cloete, were found guilty on nine charges of fraud, money laundering and contravention of the Municipal Finance Management Act. Botha was the Karoo Hoogland Municipality chief financial officer at the time. He and the other co-accused are out on bail.
The charges against Botha relate to undue payments made to a bogus company for the delivery and installation of 600 solar geysers for the community in Williston before any services were rendered.
Botha has been suspended pending the outcomes of a disciplinary hearing against him.
Conradie’s report dated June 13, which the Cape Times is in possession of, recommends that there is a case to be answered by Botha.
The DA-led Mossel Bay Municipality was aware of the charges against Botha when it appointed him, but his employment contract stated that if he he was found guilty of the criminal offences relating to his previous employment, the municipality could terminate his employment with immediate effect.
But Conradie says there was a dispute as to whether clause 17.2 (in Botha’s contract) could or should be invoked by the municipality.
Conradie said Botha had stated he was not guilty of misconduct in relation to the Mossel Bay matter as he informed its representatives of the criminal case, which was why clause 17.2 was inserted in his employment contract.
“He is of the view that the intention was always for him to be given an opportunity to lodge an appeal against the guilty finding.
“According to him, the question relating to his dismissal will only become relevant if the appeal is lodged and is subsequently dismissed. If this happens, he intends to resign,” said Conradie.
Mossel Bay Municipality spokesperson Colin Puren said: “Council, after considering the report, decided to institute disciplinary action against Mr Botha.”