The Johannesburg Specialised Commercial Crimes Court has dismissed an application by the state to get South African Football Association (Safa) President Danny Jordaan’s lawyer Adv Norman Arendse SC recuse himself from his fraud case.
State prosecutor Adv Moagi Malebati brought an application on Tuesday for Arendse to recuse himself due to an alleged conflict of interest.
Jordaan, 73, Safa chief financial officer Gronie Hluyo, 55, and director of Grit Communications Trevor Neethling, 46, made their third appearance on Tuesday at the same court sitting at the Palm Ridge Magistrate’s Court.
Neethling’s company, Grit Communications is the fourth accused in the matter.
Trio faces charges including three counts of fraud, theft
The trio are all charged with three counts of fraud, theft, and conspiracy to commit fraud and theft. These charges stem from allegations of R1.3-million fraud and theft of Safa’s financial resources between 2014 and 2018. All accused are out on R20, 000 bail.
During court proceedings, the state began with its arguments on why Arendse must recuse himself from the case.
Malebati said Arendse is unqualified to perform legal duties on behalf of Jordaan and Hluyo because of a conflict of interest. He said this is due to Arendse having legally represented Safa on previous occasions in court.
Malebati said Safa is the complainant and victim in the fraud and theft case in question and Jordaan and Hluyo are accused to have stolen from SAFA.
He also said the state intends to call Arendse to testify on its behalf in Jordaan’s fraud and theft case.
In response, Arendse said he was not conflicted because he has no current relationship with Safa. He is not on a Safa retainer, and he does not serve on any Safa structure.
Arendse said the state’s application for his recusal is meant to “embarrass” him.
He said every accused person has a right to legal representation of their choice.
State says it sees no grounds for recusal
Magistrate Sheron Soko-Rantao dismissed the state’s recusal application.
“My hands are tied. I have not seen any conflict itself at this stage. And I cannot say at this moment that there is a conflict of interest,” said Soko-Rantao.
The court is currently listening to the three accused’s application to have all charges against them dropped.
National Prosecuting Authority (NPA) regional spokesperson Phindi Mjonondwane gave details of the case. She said the accused’s R1.3-million fraud and theft allegations stem from a 12-month Service Level Agreement (SLA) allegedly entered by Safa, represented by Jordaan, and Grit Communications in December 2017. This was for the provision of Public Relations (PR) and communication services to Safa.
Mjonondwane said the state alleges that Jordaan signed the SLA that was neither sanctioned nor approved by Safa. He and Neethling backdated the agreement to October 01 2017. This was in contravention of the Safa statutes.
Jordaan contravened Safa rules
“Jordaan is alleged to have employed Grit Communications for purposes of protecting his personal image. This was following allegations of rape levelled against him in 2017. Furthermore, that he allegedly acquired protection services worth over R40, 000, purported to be for Safa from Badger Security. This was during the Safa 2018 elective congress. Yet these protection services were allegedly exclusively rendered to him.
“According to Safa statutes, Jordaan was precluded from doing so. This as only Safa CFO and CEO were authorised to sign contractual agreements. The PR services were already rendered to Safa by its existing department that handled PR and communication.
“It is alleged that Hluyo approved the payments to Grit Communications and Badger Security. This despite full knowledge of the unauthorised and unlawful nature of the actions of both Jordaan and Neethling,” said Mjonondwane.
