Sunday Times

Ex says Mandela fraud accused gave her R350k gift

- By ZIYANDA ZWENI

● A witness in the Nelson Mandela memorial service fraud scandal told the Bhisho high court this week that one of the accused, Pumlani Mkolo, had given her money gifts of up to R350,000 a time in the months after the crime took place.

Mkolo, a former chair of the ANC’s Dr WB Rubusana region, is one of the 10 people accused of pocketing about R10m of Buffalo City Municipali­ty (BCM) funds intended for the memorial service of the former president in 2013.

His co-accused are former BCM mayor Zukiswa Ncitha, former BCM deputy mayor Themba Tinta, former speaker Luleka Simon-Ndzele, former BCM councillor Sindiswa Gomba, former BCM supply chain manager Thembelani Sali, Ondela Mahlangu, Viwe Vazi, Nosiphiwo Mati and Nqaba Ludidi.

Zintle Nkuhlu, an attorney based in Gauteng, testified for the state that in December 2013 she had received R350,000 from Mkolo, her boyfriend at the time.

She and Mkolo had been in a relationsh­ip from 2013 to 2019. Nkuhlu said in 2013 her financial situation was “not OK” and Mkolo would assist her financiall­y now and again.

“It was just money from him as gifts. The biggest amount was R350,000.”

She said she had used R200,000 for a deposit on a BMW X6 and paid a month’s rent of R22,000 in January 2014.

The car was repossesse­d in 2017. Nkuhlu herself was among those arrested in the case in 2014 but she turned state

I had said that at some point I want to tell my side of the story because I felt that I had nothing to do with this, and all I received was a gift and it was unfair for me to be accused of something I had no knowledge of

Zintle Nkuhlu

witness and the charges against her were withdrawn.

“I had said that at some point I want to tell my side of the story because I felt that I had nothing to do with this, and all I received was a gift and it was unfair for me to be accused of something I had no knowledge of. But the trial had postponeme­nts until the charges were provisiona­lly withdrawn.”

The case has been delayed by several postponeme­nts since it began.

Judge Igna Stretch on Wednesday ruled that no evidence discovered by the prosecutio­n after the trial started on September 9 could be introduced now, unless she determined that such evidence had been “fairly and justifiabl­y” obtained.

The accused had applied to the court to bar the state from introducin­g new evidence discovered after September 9.

This included cellphone records from a network provider.

Stretch said her ruling supporting the defence applicatio­n “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 [defendants] 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.

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