Stratu’s legal victory may be short-lived

KNYSNA - Garden Route District Municipality's municipal manager, Monde Stratu, celebrated a legal victory on Wednesday 20 March.

However, the celebrations claiming that charges had been dropped against him and former Knysna municipal manager Sitembele Wiseman Vatala were short-lived.

The NPA issued a statement to KPH following the media statements made by Stratu and his lawyer, confirming that the charges against Stratu were not withdrawn.

The reason for the case being struck off the roll was a procedural ruling by a Knysna Regional Court magistrate, due to delays by the state. The defence asked for the case to be struck off the court roll, and the state opposed this. Both made submissions. The court decided to rule with the defence and strike the matter off the roll.

Eric Ntabazalila, spokesperson for the NPA, said, "Remember, what we are dealing with now is confirming that the matter was not withdrawn, but struck off the roll. The Director of Public Prosecutions in the Western Cape will consider the decision of the Regional Head of the Specialised Crimes Court and decide whether to re-enroll the matter."

The case involving Stratu and Vatala relate to alleged property transfers between Knysna and Garden Route District Municipality, valued at R64m.

In a media statement earlier issued under Garden Route News, Stratu claimed the legal action against him was withdrawn.

In a follow-up statement, Stratu's lawyer confirmed that the case had been struck off the roll.

"My client is over the moon," said attorney Jerome Bans, Stratu's legal representative. Bans said the matter has been struck off the court roll for both accused due to certain delays on the state's side.

"This means that there is no time line assigned to the case, and it is uncertain whether the state will re-enroll the case, and if so, when. It alleviates some of the burden for my client to be continuously in court. It has taken a huge toll on his health," said Bans.

Ntabazalila said the NPA has noted the statements released about the 'outcome' of the case.

"The NPA would like to confirm that the matter was struck off the roll in terms of Section 342A of the Criminal Procedure Act. In light of the fact that it was struck off the roll, the state cannot pronounce on a withdrawal of charges. The two accused are charged with two counts of the Contravention of Section 173 Local Government Municipal Management Act 56 of 2003, forgery and uttering. The matter was enrolled upon the finalisation of investigations by the DPCI (the Hawks) with evidence establishing the commission of the offence."

He said Stratu had made representations last year that necessitated further investigation into the agreements made.

"The prosecutors submitted a report on the matter to the Regional Head of the Specialised Commercial Crimes Unit in January and March. The Regional Head requested time to go through the entire docket in light of the representations and the reports received. The Regional Head then submitted her report to the Director of Public Prosecutions in the Western Cape and requested the prosecutor to secure a further postponement to allow the Director of Public Prosecutions in the Western Cape time to exercise her discretion in reviewing the matter," said Ntabazalila.

"This matter was not prematurely enrolled nor was there a delay in the finalisation of the representations given the volume and issues raised. The matter is being dealt with and a decision to re-enroll it will be considered by the DPP in light of the court's order."

“My client is over the moon,” said attorney Jerome Bans, Stratu’s legal representative.