Johannesburg- An Eastern Cape businesswoman, Dean Fanoe, has told the court that he was not part of the meetings where a scheme to mislead and defraud the Buffalo City Metro millions of Rands under the false pretence of activities related to Nelson Mandela memorial activities.
Fanoe was charged with his business entity Mantella Trading together with the ANC Regional Chairperson of WB Rubusana Region Phumlani Mkolo, the former Buffalo City mayor Zukiswa Ncita, her former deputy Temba Tinta, former Eastern Cape Health MEC Sindiswa Gomba, former Buffalo City Council Speaker Luleka Simon-Ndzele, Buffalo City employees Tembelani Sali, Ondela Mahlangu and Nqaba Ludidi and businesswomen Viwe Vazi and her Company Forty Wings Lodge and Nosiphiwo Mati and her Company Mpindo Emergency and Training.
They are facing about 27 counts of fraud, corruption, money laundering contravention of the Municipal Finance Management Act, and failure to comply with acts related to the prevention of organised crimes.
All the accused have pleaded not guilty to the charges but Fanoe went a step further and asked the Bhisho High Court to hear his matter separately from the rest of the co-accused.
His legal counsel Advocate Richard Quinn SC argued that Fanoe is only implicated in count four which deals with prevention of organised crimes.
The state argues that he should have known about what was at play since he accepted payment from Victory Ticket 750 CC owed by Mzwandile Ntozini [formerly Sonkwali].
Ntozini’s company, Victory Ticket 750 CC was central to the scheme.
A payment of nearly R6-million was made to the company and all other service providers, purported to be related to Mandela memorial events, were paid through it.
Ntozini entered into a plea bargain agreement with the state and as part of the agreement, he will testify for the state.
But Fanoe’s legal counsel, Quinn argued that only three witnesses implicated him out of the 54 but even those have not placed him in the scene where the meetings were held and the plot was hatched.
Other witnesses that are set to testify against him are the two service providers that Fanoe outscored ANC t-shirts from which was what was required from him.
Quinn said Fanoe cannot spend the entire period as part of the trial when he is not implicated throughout.
But the state argued that separating him from the rest of the co-accused would be a duplication of the same trial.
State Prosecutor Advocate Ulrike De Klerk said count four applies to all the accused.
She said the court would be required to find suitable dates for Fanoe and that would be a waste of the court time and resources.
Judge Igna Stretch reserved the judgment for the 28 of February.
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