Africa-Press – South-Africa. The fraud and theft trial of the former executive mayor of the JB Marks Local Municipality and two of his co-accused will resume on 10 June.
This after the Ventersdorp Regional Court yet again postponed the trial of former mayor Kgotso Khumalo and two of his co-accused, Cyril Henry and Mohau Shuping, on Thursday.
According to National Prosecuting Authority spokesperson Henry Mamothame, Khumalo’s attorneys indicated his health had not improved since the last postponement.
Shuping has also hired a new lawyer.
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“The State is ready to proceed with the trial and hopes that no further delays will be experienced,” said Mamothame.
Khumalo, Henry and Shuping were out on a warning and cautioned not to interfere with state witnesses, he added.
The three are facing eight charges of theft and defrauding municipal funds.
They have pleaded not guilty to all the charges.
It is alleged North West University and the Programme for Community Development paid millions into a trust account belonging to attorney Willem Coetzee’s law firm for specific projects run by the municipality.
“The attorney was then given instructions to effect various payments, including a R208 000 mayoral committee contribution, towards the funeral of the late MEC for agriculture, Duma Ndleleni, who passed away in November 2018,” Mamothame said.
In October 2021, Coetzee, who is a state witness, gave testimony.
“Coetzee was introduced to the court as an attorney from Willem Coetzee Attorneys, a law firm that was a member of a panel of attorneys appointed by the JB Marks Local Municipality to manage its legal and financial mandates through a trust fund,” said Mamothame.
According to Mamothame, Coetzee testified how the trio instructed him, as the acting chairperson of the panel, to make payments into several accounts on different occasions.
Mamothame said Coetzee was instructed to pay two amounts of R35 000 to Kagisano Funeral.
“A further R32 000 was allegedly paid to Roche Trading, for services rendered at the funeral. An amount of R210 000 was also highlighted as a form of payment to a law firm, Langford and Sons Projects (PTY) Ltd, for an Australian football tour that was undertaken by Henry.”
It was then discovered approximately R200 000 was paid directly into Khumalo’s account, and from this, an amount of more than R64 000 was paid to an institution where Khumalo’s relative was a student, said Mamothame.
While on the stand, Coetzee, according to Mamothame, also testified how Khumalo instructed him to pay two NGOs an amount of R50 000 each.
“This was a loan for a repayment. He was later given a different account to which he transferred an amount of R100 000, instead of the R50 000 to each NGO.”
Mamothame said Coetzee told the court he had since stopped being a member of the panel, following investigations into this case.
Coetzee is expected to undergo cross-examination from the defence team when the trial commences.
“The State intends to call more witnesses to prove that false invoices were generated to effect more fictitious payments in the process of defrauding and stealing money meant for community development in the JB Marks Local Municipality,” said Mamothame.
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