Twist in trial of Mandela funeral fraud accused
Judge dismisses ‘prejudicial’ new evidence
Bhisho High Court judge Igna Stretch has ruled that allowing information and documents produced by the state after September 9 in the fraud trial of former Buffalo City metro politicians, officials and business people would be in breach of the accused’s rights to a fair hearing.
The discovery of information and documentation which the state intends proving or relying on during the course of the presentation of its case which was discovered after September 9 is declared to be ipso facto, in breach of the accused’s rights to a fair trial, unless the discovery is sanctioned by Stretch as having been fairly and justifiably made in the circumstances.
The case relates to the Mandela memorial service fraud scandal, following the former president’s death on December 5 2013. The accused had applied to the court to bar the state from introducing new evidence discovered after September 9.
This included cellphones records from a network provider and new evidence.
Former chair of ANC Dr WB Rubusana region Pumlani Mkolo and former Buffalo City mayor Zukiswa Ncitha, former deputy mayor Themba Tinta, former speaker Luleka Simon-Ndzele, former councillor Sindiswa Gomba, former Buffalo City supply chain manager Thembelani Sali, Ondela Mahlangu, Viwe Vazi, Nosiphiwo Mati and Nqaba Ludidi, are accused of pocketing about R10m of the metro’s funds intended for the memorial service of Mandela in 2013.
Making her ruling yesterday, the judge said the state was precluded from introducing into evidence any documentation, discovered after September 9.
“The aforesaid ruling does not preclude [the state] from calling any of the prosecution witnesses referred to and identified during the course of this application, subject to the respondents having discovered the statements or affidavits of these witnesses or a summary of the evidence they are likely to give, to eliminate any element of surprise at this trial...”
Referring to the ruling, National Prosecuting Authority spokesperson Luxolo Tyali said: “Not all is lost. That evidence will be brought to court in a different way. There’s no blow at all to the state’s case.”
The trial continues today.