COURT RULES CELLPHONE RECORDS ADMISSIBLE IN NELSON MANDELA MEMORIAL FRAUD TRIAL
The High Court of South Africa, Eastern Cape Division, sitting in Bhisho, has ruled that the analysis and report, together with cellphone data made available to the court by the Directorate of Priority Crimes Investigations (The Hawks) in the Nelson Mandela Memorial Fraud trial are admissible. The court’s ruling follows a challenge by the twelve accused persons and entities against the Hawks’ Captain’s evidence presented in the form of a flash drive on 09 September 2022, which necessitated a trial within a trial.
The ruling effectively means the main trial may now proceed. It has been marred by many delays owing to numerous applications including postponements to make representations to the Director of Public Prosecutions (DPP), recusal of the presiding judge, Igna Stretch, as well as the latest challenge against the evidence, by the accused.
Charges of fraud, money laundering and contravention of the Municipal Finance Management Act (MFMA) are levelled against the accused, who include former ANC Regional Chairperson for Dr WB Rubusana Region, Pumlani Mkolo, Former Buffalo City Metro (BCM) mayor Zukiswa Ncitha, former BCM Speaker, Luleka Simon-Ndzele, former Deputy Mayor Themba Tinta, former Eastern Cape Health MEC, Sindiswa Gomba and the Municipality’s former Supply Chain Manager, Thembelani Sali. Other accused are Ondela Mahlangu, Viwe Vazi, Forty Wings Lodge CC, Nosiphiwo Mati, Mpindos Emergence Trading CC and Nqaba Ludidi. They have all pleaded not guilty to the charges allegedly committed soon after the passing of former president Nelson Mandela in December 2013, under the guise of organising the stateman’s memorial service.
The NPA hopes that the trial, which is due to resume on 06 February 2024, will proceed without any further hurdles until it is finalised so that the public may see justice being done.
