Motaung defence wants case struck off roll

2013-04-22 19:21

The case against Kaizer Chiefs boss Bobby Motaung and two others has taken another twist as their lawyers want it to be struck off the roll because of delays by the state in providing documents.

Motaung, his business partner at Lefika Emerging Equity (Pty) Ltd, Herbert Theledi, and company chief executive officer Chris Grip are accused of:

» Using a false tax certificate when they bid to get the tender to design the R1.2-billion Mbombela world cup soccer stadium;

» Forging a Mbombela council letter with a fake signature of former Mbombela municipal manager Sgananda Siboza to get R1-million overdraft from a bank; and

» theft of R143 million.

The defence was not satisfied when state prosecutor Advocate Patrick Nkuna asked to postpone the case in order to serve an indictment for them to appear in the high court.

They had already complained that Nkuna had not disclosed all information to them which hampered their ability to prepare for the trial.

The charge sheet and docket, they said, lacked evidence against the trio and they did not know what case they needed to answer.

Nkuna said the indictment was not ready as it was not yet signed by the director of public prosecutions.

Magistrate Willie Wilkens adjourned the case for half an hour after Nkuna said he would have the indictment faxed through in order to be given to the accused’s lawyers.

Although Nkuna said the state was ready for trial, he still did not have the indictment when court resumed. He said it was ready to be signed but could not “due to technical problems”.

“I’ve been requested to ask for a postponement. This case has been delayed by the defence itself because they have not done what they committed to do,” Nkuna said.

Nkuna said the defence had also indicated that they wanted to make other “representations” to him.

“The defence is standing on our way ... they don’t want us to go on trial for reasons we don’t know,” Nkuna said.

Wilkens postponed the case to April 26 for a decision as to whether the case will be struck off the roll or not.

The three accused are also facing additional charges of fraud, corruption and the contravention of the Municipal Finance Management Act (MFMA), to the value of R920 million.

In that case they are charged along with former Mbombela municipal manager Jacob Dladla, former Ehlanzeni district technical manager Tebogo Kubeka and lawyer Michael Ramanos.

They are alleged to have irregularly appointed Mbombela Stadium Joint Venture (MSJV), a partnership between Basil Read and French firm Bouygues Civil Works, for the stadium’s construction.

Lefika is accused of appointing MSJV, which was the responsibility of the Mbombela municipality, misrepresenting facts and failing to declare that they had a previous business relationship with the joint venture.

Dladla allegedly replaced Mbombela’s supply chain management staff with Lefika officials in order to change decisions of the municipality’s bid evaluation and adjudication committees.

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