'Cases not for criminal court'
2008-04-28 18:22
Nelspruit. - A flamboyant former Mpumalanga district mayor, who is implicated in a R500 000 theft and fraud case, has argued that the matter should not be tried in a criminal court.
Lawyers for former Ehlanzeni district mayor Jeri Ngomane and former municipal manager Thoko Mashiane claim the case should have been an 'internal matter'.
The two appeared in the Nelspruit regional court on Thursday and were not asked to plead to fraud and theft.
According to the charge sheet, they are accused of benefiting from fraudulent claims amounting to R244 456.67 and R255 484, for an incomplete bulk-water supply project in Sabie and the incomplete Mzinti bridge project in Nkomazi.
The money was siphoned off the contract, and the two companies involved in the projects allegedly were unaware of the claims.
Both lost their jobs
Alternatively, Ngomane and Mashiane are also accused of illegally charging a substantial amount for completion certificates, which should have been issued free of charge to the contractors, Khanyazeno CC and Siyafuna Construction.
Both Ngomane and Mashiane lost their jobs in 2006 after probes by forensic auditors, the Public Protector, and other investigation bodies.
Both accused listened attentively to their lawyers' arguments last week.
Their lawyers, Sinky Ngobe and Pieter Naudé, have made a joint representation to the National Prosecuting Authority (NPA) for the case not to be prosecuted in court.
They argue that the charges against their clients lack substance for a trial and that it was inappropriate for the matter to be tried by a court of law, but that it should have been an internal departmental matter.
The court agreed to postpone the case to June 25 by when the NPA is expected to have decided whether or not the case should be prosecuted in a court of law.
Ngomane was initially granted free legal assistance after arguing that he was unemployed and virtually destitute, but has since changed his mind and decided to hire Naudé to represent him. Mashiane is represented by Ngobe.
The Ehlanzeni municipality is one of the largest and wealthiest councils in Mpumalanga and administers local municipal councils in Nelspruit, Barberton, Mashishing, Hazyview, Komatipoort, Malalane, and White River.