The Nelson Mandela funeral fraud and corruption trial has become chaotic as a number of accused are seeking trial separation from former ANC chairperson at the Dr WB Rubusana region in the Eastern Cape, Phumlani Mkolo.
Mkolo petitioned the Supreme Court of Appeal to allow him direct access to appeal for the recusal of judge Igna Stretch. Mkolo is on trial with former Buffalo City Metro (BCM) mayor Zukiswa Ncita, former BCM deputy mayor Themba Tinta, former BCM council speaker Luleka Simon-Ndzele, former Eastern Cape health MEC Sindiswa Gomba, former BCM employees Ondela Mahlangu, Thembelani Sali and Nqaba Ludidi, and businesswomen Viwe Vazi and Nosiphiwo Mati and their businesses.
They face charges of fraud, corruption, money-laundering and contravention of the Municipal Public Finance Act.
The accused were allegedly part of a scheme to defraud Buffalo City Metro of R10-million under false pretense that the money would be used for events related to Mandela’s funeral and memorial events.
The matter was set to go on trial from April 11 until the end of June, but has been stalled by Mkolo, who constantly brought numerous applications requiring the postponement of the matter.
On the eve of April 11, Mkolo argued in an application that he had made legal representations to the Eastern Cape director of public prosecutions Barry Madolo, and indicated that he would further apply to NDPP (national director of publilc prosecutions) Shamila Batohi should Madolo fail to accede to representations.
When that failed, Mkolo lodged another application for Stretch to recuse herself, arguing that she is biased. His former legal counsel Lusindiso Matoti reported to Mkolo and his attorney Nyameko Diniso, who then lodged the recusal application.
The application was dismissed by Stretch, as well as his application to take the matter to SCA (Supreme Court of Appeals) on Tuesday. Mkolo’s legal counsel Dumisani Sikoti said they have filed papers for direct access to the SCA.
Sikoti said the application to the SCA suspends proceedings of the matter at the high court.
State prosecutor Ulrike de Klerk said the state would oppose the application and seek legal guidelines on whether the matter could proceed while the SCA applied itself on Mkolo’s application for direct access. The state will argue its opposition today.
However, lawyers representing other accused on the matter said the delays are costing their clients money, time, and career prospects, noting that they would bring applications for trial separation.
They argued that although Mkolo is exercising his rights, those rights were affecting their clients whom some have lost jobs due to the charges related to the trial, while others had to take time off from work only for the matter be delayed.
The applications will be heard today.
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