Bobby Motaung, others could walk free

2013-09-08 10:00

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Police believe NPA is deliberately trying to ruin the case.

Senior police officials in Mpumalanga believe that the National Prosecuting Authority (NPA) is deliberately trying to scupper their case against Kaizer Chiefs manager Bobby Motaung and five others.

Police say the six men implicated in fraud, corruption and financial mismanagement relating to the R1.2?billion Fifa World Cup MbombelaStadium should have returned to court on August 23 after two cases involving the men were struck off the roll in June.

But, they claim, the NPA withdrew the summons drawn up by one of its own prosecutors without consulting the Hawks first.

Charges against Motaung; Herbert Theledi, Motaung’s business partner at Emerging Equity (Pty) Limited; the company’s former chief executive, Chris Grip; former Mbombela municipal manager Jacob Dladla; former Ehlanzeni district technical manager Tebogo Kubeka; and lawyer Michael Ramanos were struck off the roll in the Nelspruit Magistrates’ Court on June 24.

Two senior police sources with knowledge of the case said that prosecutor Advocate Patrick Nkuna drew up summons and handed them to the police to serve on Motaung, Theledi, Grip, Dladla, Kubeka and Ramanos.

The sources requested for their names not to be mentioned to protect themselves.

They explained that another NPA prosecutor, Advocate Willem van Zyl – who was appointed to lead the case after Nkuna had a run-in with his bosses about the case – withdrew the summons without consulting the provincial Hawks head, Major General Simon Mapiane.

Mapiane had been trying in vain to get an explanation, the sources said.

“(Mapiane) tried to secure a meeting with the NPA, but he has not been granted the opportunity until now.

“Nkuna gave us the summons to serve the suspects as there are no outstanding investigations to be done,” said one source.

He added: “This case is clearly being sabotaged and we’re no longer sure what we need to do.”

Hawks spokesperson Captain Paul Ramoloko declined to comment.

“We won’t comment about our internal engagements with the NPA.”

Medupe Simasiku, spokesperson for the NPA, did not respond to a question about Mapiane’s request for a meeting.

“Advocate Van Zyl has duly and timeously informed the defence counsels that the matter was not going to be placed on the court roll. (This) as he was unavailable on the said date due to other official commitments and he was still studying the case docket,” he said.

“There are no disagreements within the NPA as alleged.”

Simasiku said both prosecutors – Nkuna and Van Zyl – would work together and the case would be back on the court roll once the team had considered all available evidence.

When the case involving Motaung, Theledi and Grip was struck from the roll, Nkuna hinted in open court at squabbles within the NPA.

He presented two contradicting letters from NPA management – one said the case should be heard in the regional court and another said it should be transferred to the high court.

Nkuna wanted the matter to be transferred to the high court and asked the court for a postponement so that the suspects could be served with an interdict.

He told the court that there was “war within the NPA” and that defence lawyers had demanded his removal from the case.

In the wake of those very public comments, the NPA called Nkuna to an urgent meeting to explain himself and issued him with a written warning.

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