Mandela fraud trial could be separated after Mkolo files appeal
Other accused say delay is prejudicial financially
Legal representations of some of the accused in the Mandela fraud trial have hinted at an application for suspended WB Rubusana region chair Pumlani Mkolo to have a separate trial today if the state applies for continuation of the trial.
Mkolo and 10 others are accused of fraud related to the memorial service of former statesman Nelson Mandela in 2013.
Mkolo petitioned the Supreme Court of Appeal (SCA) yesterday against a decision by judge Igna Stretch’s refusal to recuse herself in the case. Adv Dumasani Skoti informed the court that Mkolo’s attorney, Nyameko Diniso, intended to petition the SCA.
This after Stretch refused an application for leave to appeal against her judgment on recusal on Tuesday.
“Endeavours were made overnight [Tuesday] to draft the papers to the SCA and I am told endeavours have been made this morning [Wednesday] to have the petition issued in Bloemfontein
“Ordinarily once there is a petition ... the order [to resume trial] should be suspended unless there are exceptional circumstances,” Skoti said.
Mkolo, former health MEC Sindiswa Gomba, former Buffalo City speaker Luleka Simon-Ndzele, former mayor Zukiswa Ncitha, and former deputy mayor Themba Tinta, the municipality’s former supply chain manager Thembelani Sali, Ondela Mahlangu, Viwe Vazi, Nosiphiwo Mati and Nqaba Ludidi face charges of fraud, money laundering and contravening the Municipal Finance Management Act.
State prosecutor Adv Ulrike de Klerk requested time to consult with her superiors during proceedings.
At this point, other defence legal teams raised their frustration about the financial implications of the delays.
Attorney André Schoombee said: “Mrs Ncitha has been representing herself due to cash-flow issues.
“She has now found funds to instruct legal representation and those funds, I submit, may well be wasted by further postponement.”
Tinta, who represents himself, said he was looking for a speedy trial. Gomba’s attorney Matthew Moodley said the delays were prejudicial to his client.
Adv Mnqandeli Jikwana, who represents Vazi and his company Forty Wings Lodge CC, Mati and her company Mpidos Emergencies and Training CC, said they were ready to proceed with the case.
“This is an opportune time that if the accused [Mkolo] wishes to exercise his rights that this court separates his trial from the rest of the accused so that we can proceed.”
Adv John Korkie for Ludidi, who works in Durban, said: “On January 19 your ladyship insisted that all accused must be present despite being unaffected by a proceeding of court when other accused bring applications.
“We have been painstakingly abiding by the ruling. However, that ruling is hitting us very hard.”
Upon resumption, De Klerk said she needed more time to apply her mind on whether to make an application for the court to sit for the trial pending the outcome of the SCA.
Adv Bongo Mvinjelwa, for Mahlangu, said they might bring an application for accused one to be separated.