Bobby Motaung case expected in court, 'summons withdrawn'

2013-08-23 09:41

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Kaizer Chiefs boss Bobby Motaung and five others were expected to be back in court this morning but the National Prosecuting Authority (NPA) has apparently withdrawn summonses served by the police.

They went free on June 24 when the Nelspruit regional court struck off the roll the fraud, theft and tender rigging case relating to the R1.2 billion Mbombela Stadium, because the NPA management were arguing about whether the case should be heard in the regional or the high court.

A related case involved fraud, corruption and contravention of the Municipal Finance Management Act to the value of R920 million. It was also withdrawn.

A reliable police source claims the NPA unilaterally withdrew the summonses that were served at the beginning of August on Motaung, Emerging Equity (Pty) Ltd partner Herbert Theledi, former company chief executive officer Chris Grip, former Mbombela municipal manager Jacob Dladla, former Ehlanzeni district municipality technical manager Tebogo Kubeka, and lawyer Michael Ramanos.

The summonses demanded that they should appear in the Nelspruit High Court this morning.

“Summons were served but they (the NPA) withdrew them without consulting us,” the source said.

When the Nelspruit regional court struck the case off the roll in June, prosecutor Advocate Patrick Nkuna, could not hide his displeasure and he told the court that there seemed to be a tug-of-war in the NPA.

Nkuna wanted the case to be transferred to the high court, and was due to serve the accused with an indictment. His seniors, however, issued two contradicting letters – one saying the matter should be heard in the regional court while the other said it should go to the high court.

NPA spokesperson Medupi Simasiku’s cellphone rang unanswered this morning and he did not respond to a text message.

After the case was expunged, Simasiku said an investigation into the bungle was conducted but no NPA official was charged. It was decided that the cases would be reinstated.

Motaung, Theledi and former Lefika chief executive officer Chris Grip would have answered to charges of using a false tax certificate when they bid for the tender to design the stadium; forging a Mbombela council letter to get a R1 million overdraft; and alleged theft of R143 million.

The trio would also have had to answer to charges of fraud, corruption and contravention of the Municipal Finance Management Act to the value of R920 million.

In this case they are charged along with Dladla, Kubeka, and Ramanos.

Hawks spokesperson Captain Paul Ramaloko said he would respond during the course of the day.

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