The theft charges against Safa President Danny Jordaan and his co-accused Safa chief financial officer Gronie Hluyo have been withdrawn by the National Prosecuting Authority (NPA). However, their other charge of fraud and conspiracy to commit fraud and theft remain.
This was revealed during court proceedings on Friday when Jordaan, 73, Hluyo, 55, and businessman Trevor Neethling, 46, made their fifth court appearance at the Johannesburg Specialised Commercial Crimes Court sitting at the Palm Ridge Magistrate’s Court.
Neethling’s company, Grit Communications (Pty) Ltd, is the fourth accused in the matter.
Other charges remain
The trio were all charged with three counts of fraud, three counts of 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, state prosecutor Adv Moagi Malebati said the state took a decision to amend the charge sheet of the accused and therefore in respect of Jordaan and Hluyo, the three counts of theft have been withdrawn.
Therefore, the four accused will now face charges of three counts of fraud and one count of conspiracy to commit fraud and theft.
Review application
Jordaan and Hluyo’s lawyer, Adv Norman Arendse SC, told magistrate Sheron Soko-Rantao that his clients will bring a review application in the Gauteng division of the High Court to challenge Soko-Rantao’s December ruling to dismiss an application by Jordaan and Hluyo to have their case struck off the roll.
Arendse asked Soko-Rantao for a lengthy postponement until August 15. This is to enable the High Court review application is heard and decided.
Lawyer for Neethling and Grit Communications, attorney James Ndebele, told Soko-Rantao that his clients made representations to South Gauteng High Court (Johannesburg) Director of Public Prosecutions (DPP) Adv Andrew Chauke to have charges against them withdrawn.
Ndebele said the representations were submitted on January 23. Chauke acknowledged receiving the representations on January 24, Ndebele said.
Trio wants all charges withdrawn
He said Chauke said he will provide an outcome on the representations by March 1.
Soko-Rantao postponed the matter to August 15 for outcomes on Neethling and Grit Communications’ representations to Chauke, and for the High Court review application to be heard and decided.
Meanwhile, Arendse asked the court to relax one of Jordaan’s bail conditions which state that he should inform the investigating officer 72 hours in advance before travelling on official soccer business. Arendse said sometimes this is impossible, because some official soccer engagements occur at the last minute.
Soko-Rantao said Jordaan should bring a formal application to argue that the aforementioned bail condition should be relaxed.
NPA regional spokesperson Phindi Mjonondwane 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, for the provision of Public Relations (PR) and communication services to Safa.
Jordaan accused of contravening Safa rules
Mjonondwane said the state alleges that Jordaan, in contravention of the Safa statutes, signed the SLA that was neither sanctioned nor approved by Safa, and that he and Neethling backdated the agreement to October 1 2017.
“Jordaan is alleged to have employed Grit Communications for purposes of protecting his personal image 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 during the Safa 2018 elective congress, while these protection services were allegedly exclusively rendered to him.
“According to Safa statutes, Jordaan was precluded from doing so, as only the CFO and CEO of Safa were authorised to sign contractual agreements. The PR services were already rendered to Safa by its existing department that handled PR and communication. Despite full knowledge of the unauthorised and unlawful nature of the actions of both Jordaan and Neethling, it is alleged that Hluyo approved the payments to Grit Communications and Badger Security,” said Mjonondwane.
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