The Nelspruit Magistrates’ Court is expected to rule on whether two corruption cases involving Kaizer Chiefs boss Bobby Motaung should be struck from the roll.
This week, defence lawyers in the cases asked that charges against Motaung and his co-accused be provisionally withdrawn until the State was better prepared, a Sapa correspondent reported today.
“Here are six human beings who are being prejudiced and whose lives are put on hold because a state prosecutor doesn’t know what he’s doing,” defence lawyer Kenny Oldwage said.
The two cases involve charges related to the construction of the Mbombela Stadium for the 2010 Fifa World Cup.
The first case, involving R143 million, implicates Motaung, his business partner Herbert Theledi, and former Lefika Emerging Equity CEO Chris Gribb.
The second relates to R920 million and involves Motaung, Theledi, Gribb, Gribb’s former lawyer Michael Romanos, former Mbombela municipal manager Jacob Dladla, and former Ehlanzeni district municipality technical services manager Tebogo Kubeka.
Prosecutor Patrick Nkuna asked that the R920 million case be postponed for at least two months, arguing that this would benefit both parties.
He said he needed to interview witnesses, change the case to an indictment, and forward it to the director of public prosecutions.
Oldwage, representing Theledi, complained that the defence had not yet received the contents of the docket from Nkuna.
Nkuna insisted he had provided the documents on a CD.
Laurance Hodes, for Motaung, was sceptical of Nkuna’s claim and said he had previously failed to honour court orders to disclose dockets.
In the R920 million case, the six are charged along with Lefika Emerging Equity.
They were not asked to plead to charges of fraud, three counts of corruption, conspiracy to commit corruption, and contravention of the Municipal Finance Management Act.
They are accused of corruptly collaborating to appoint construction company Basil Reed to build the stadium, and failing to disclose their relationship with Basil Reed, which built Kaizer Chiefs’ stadium.
The R143 million case relates to the management and design of the stadium.
In this case, Motaung and Theledi face charges of fraud, forgery, theft, and uttering, while Gribb faces charges of fraud, forgery, and uttering.
They were also not asked to plead.