Africa-Press – South-Africa. Former state security minister Bongani Bongo and his 11 co-accused will go on trial in November in connection with a R74-million fraud and corruption case.
Bongo and his co-accused made a brief appearance in the Nelspruit Commercial Crimes Court on Thursday for a pre-trial conference, said National Prosecuting Authority regional spokesperson Monica Nyuswa.
Magistrate Deon van Rooyen postponed the matter to 8-25 November for trial in the same court.
All the accused are currently out on bail.
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Nyuswa said the State was ready to proceed with the trial earlier this year, however, some of the accused had changed their legal representatives.
The accused are facing 69 charges ranging from fraud, theft, corruption, and contravention of the Public Finance Management Act (PFMA).
They are Robert Barwise, Patrick Donald Chirwa, Harrington Sizwakhendaba Dhlamini, Blessing Mduduzi Singwane, David Boy Dube, Sipho Joel Bongo, Vusi Willem Magagula, Bongani Louis Henry Sibiya, Elmon Lawrence Mdaka, Sibongile Mercy Mdaka, and Sandile Nkosi.
The companies Little River Trading 156 (Pty) Ltd, Broad Markert Trading 204 (Pty) Ltd, Bongiveli CC, and Pfuka Afrika CC are also charged.
The allegations are connected with the R37.5-million sale and purchase of a farm in Naauwpoort, eMalahleni, by the Department of Human Settlements (DoHS), supposedly on behalf of the eMalahleni Municipality.
It is charged that some of the accused, acting in concert with a common purpose, exploited the everyday phenomenon of the purchase of land by the government by misrepresenting facts to the department regarding the ownership and actual sale price of the farm.
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The actual owner of the farm, Petrus Johannes van Tonder, was paid R15 million for the farm from the R37.5 million.
Nyuswa said the balance of the money was then paid into the trust account of Singwane Attorneys, in their capacity as conveyancers appointed by the department.
Van Tonder then paid R1.5 million commission to Pam Golding as an estate agent for the transaction.
Singwane paid R22.5m to Little River Trading, which allegedly enabled the accused to steal the money successfully.
Nyuswa said this was not an instruction given by the department.
Meanwhile, in another transaction, Bongiveli entered into the sale and purchase agreement with Fremax Farms for a portion of Rietspruit for R10.5 million, however, the Msukaligwa Local Municipality’s valuation for a portion of the Rietspruit farm was R1.6 million.
In March 2011, the Department of Human Settlement paid more than R52 million to Singwane.
Subsequently, the law firm furnished Freemax with a guarantee of R15.6 million.
The property was then transferred to Bongiveli from Msukaligwa Municipality, and the company became the owner of the farm.
The farm was then sold back to the department for R32 million and fell under the Spatial Development Plan for the Municipality, and therefore not categorised for human settlement.
Nyuswa said:
Bongo was the head of the department’s Legal Section and on the committee appointed by the then-HOD to negotiate the purchase of farms.
“He recommended the appointment of Singwane attorneys as conveyancers for the department during the purchasing of these farms.
Singwane attorneys paid Bongo R1 million through his wife’s business account and further paid deposits for two vehicles registered under his brother’s name, Sipho Bongo,” added Nyuswa.
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