The Herald (South Africa)

Axed Bay official’s appeal upheld

- Nomazima Nkosi

Axed Nelson Mandela Bay supply chain official Sox Nkanjeni has successful­ly appealed against his fraud conviction at the Grahamstow­n High Court.

In 2017, Nkanjeni was found guilty of conspiring with businessma­n Mnyamezeli Dyala to ensure his company, Trade Lane Brokerage CC, was awarded a contract advertised by the municipali­ty in March 2010.

The tender, worth R200,000, was for the supply and erection of fencing material. Nkanjeni was fined R100,000 or three years’ imprisonme­nt.

But that decision was overturned last week, with judge Belinda Hartle ruling that the state failed to prove its case beyond reasonable doubt that Nkanjeni had lied, or that he falsified the pricing schedule.

Hartle said the facts presented in court supported the possibilit­y of an innocent conclusion rather than that Nkanjeni had manipulate­d the tender process to deliberate­ly favour Dyala’s applicatio­n.

Nkanjeni said he had been unfairly dismissed based on unfounded allegation­s and for exercising his duties.

“Because I have full confidence in the institutio­ns of democracy, including courts of law, after consultati­on with my legal team and my wife, I decided to appeal [against] the court’s decision.

“My appeal was upheld and the conviction and sentence set aside,” Nkanjeni said.

In 2016, Nkanjeni was fired from the municipali­ty on four counts of misconduct and the South African Local Government Bargaining Council found that while his dismissal was procedural­ly fair, it was substantiv­ely unfair.

The municipali­ty was ordered to reinstate him and pay him almost R500,000 in backpay in November 2017.

The city said previously that it would appeal against the decision in the Port Elizabeth Labour Court.

Nkanjeni said he was still out of the office and not earning a salary. He said he would take legal action against those who had tainted his name.

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