FAKU FRAUD CHARGES DROPPED
Ex-Buffalo City mayor set free in the R15.6m case
FORMER Buffalo City Metro mayor Zukisa Faku walked free yesterday when fraud and corruption charges involving millions against her and eight others were struck off the roll by an East London magistrate who refused to grant yet another postponement.
Regional magistrate Anne-Marie Aucamp yesterday withdrew charges against Faku, prominent businessman Monde Ndodana, and seven others accused of defrauding the metro of R15.6-million.
The state had alleged that while Faku was still a mayor she hired – without following a competitive bidding process – Ndodana’s firm to provide technical and management support services to improve BCM’s infrastructure and service delivery between August 2009 and August 2010.
Ndodana Consulting Engineers (Pty) Ltd was allegedly paid R15.6million from the mayor’s discretionary fund during the period, but the state claimed there was no evidence of work being done.
Faku and Ndodana – together with Ndodana’s wife Mandisa, Bhekisile Mthembu, Mkhuseli Ciyo, Pumeza Lujabe, Ivan Falleyn, Editha Barnard and Mninawa Mketo – were all in the dock for the court hearing yesterday.
They were arrested in March 2017 but Ndodana was released on R30 000 bail, while the rest were released on R5 000 bail each.
Also listed on their charge sheet as defendants were Ndodana’s company and Mketo’s accounting and auditing firm, Nakede Management Services.
According to court documents, Lujabe – who at the time worked for the provincial department of cooperative governance and traditional affairs – introduced Faku to Ndodana, while Ciyo was the metro’s former supply chain manager.
Mthembu is listed in court documents as an “associate” of Ndodana’s firm who benefited “directly or indirectly”.
During yesterday’s court appearance, the state wanted to drop charges against some of the accused, while it asked the court for a postponement in order to further probe charges relating to the rest.
The prosecutor, Jacques Cilliers, told Aucamp that the state was withdrawing the charges against Faku, Ciyo, Mketo, Mthembu and Lujabe as it was “satisfied that there was no substance to the charges levelled against them”.
Charges were also dropped against Mketo’s firm.
Cilliers told the court that the state was, however, now prepared to pursue a case against Ndodana, his wife, Falleyn and Ndodana’s firm.
But he later asked the court for a postponement, saying the state was not yet ready to proceed and wanted more time to wrap up their investigations.
However, his plea was not received well by the group’s defence teams, which accused the state of “dragging its feet” in probing the matter.
Faku was represented by Bulelwa Nomjana, Mketo by Nyameko Diniso, Mthembu by Liaan Murray, Ciyo by Ntsikelelo Manyisana and Lujabe by Henry van Breda, while the counsel for the rest of the group was Vuyani Majebe.
Majebe later argued that it was unfair that the state investigations were dragging on for so long, saying during their last appearance in February, it was agreed by all the parties that the matter was to be postponed for the last time for further investigation.
Aucamp agreed, and instead of granting a postponement, ruled that charges against all the accused be withdrawn.
Numerous attempts to reach Faku for comment yesterday were unsuccessful, while Mketo said he was relieved that the “dark cloud hanging” over hism and his business was gone.
Mketo said his trade had been very badly affected and that he was now “struggling”.
“But now I am relieved this is all over.”
Speaking on behalf of his clients, Majebe said they always knew there was “no substance in these charges which were just manufactured to impugn the reputation of my clients”.
In 2016, in an unrelated case, Faku was found guilty of nine counts of fraud and theft and was sentenced to three years of house arrest. She was also ordered by the court to perform community service at a Cambridge old-age home.
In 2009, while on a trip to Turkey, Faku unlawfully spent R15 000 on BCM’s credit card. She bought perfume, sunglasses a leather jacket costing R4 157, clothing for R875 from Hotic-Beyoglu store, an item at R4 527 from Selv Konfeks Svon and clothing from Iamaii Akkurt for R280.
At the time she also admitted to the using the card to buy food.
Upon her return, Faku again used the card to purchase goods at Edgars valued at R1 306 and goods from A&D Spitz valued at R795.
She also spent R2 500 at Sun Goddess store in Sandton, Johannesburg and R500 more at Red Square in Vincent Park, East London.
She had appealed the conviction but while waiting for the outcome she was arrested by the Hawks in March 2017 for the R15.6-million saga.
After she left BCM as its mayor and ANC councillor, Faku was deployed to the National Council of Provinces.
However, in September 2016, she lost her seat after she was sentenced for the misuse of the credit card.
At the time of writing yesterday, it was not yet clear what had transpired in her appeal.