The Ventersdorp Regional Court in the North West has postponed the fraud and theft case against the former Executive Mayor of JB Marks Local Municipality Kgotso Khumalo and his co-accused Cecil Henry and Mohau Shuping.
The three are facing eight charges of fraud and theft after they allegedly stole money donated to the municipality by North West University.
According to court documents, there was a trust account with R5 million that was intended to be used by the municipality, however, the three allegedly used the money for their gain.
It is alleged that the trust account attorney was given instructions by the three, all employees at the municipality, to effect various payments for projects, which include R208 000 mayoral committee contribution towards the funeral of the late MEC for Agriculture, Duma Ndleleni, who passed away on 23 November 2018.
It was however discovered that R200 000 was paid directly into the account of one of the accused. From this amount, R64 218 was allegedly paid to an institution where Khumalo’s relative was a student.
It is alleged that false invoices were generated to effect more fictitious payments.
Further to this, Khumalo allegedly instructed the attorney to make payment to an NGO which did not exist.
The trial could not proceed, Shuping told the court that he still needed to appoint a new attorney, an act said to be a delaying tactic by the National Prosecuting Authority Spokesperson Henry Mamothame.
“The matter has been postponed on several occasions to afford Mohau Shuping time to appoint and consult with a new legal representative after he withdrew the services of his then-attorney.
“He has now decided to reinstate the services of the same attorney that he withdrew. We view this as an unnecessary delay tactic and we hope that no further delays will be experienced,” he said.
The trio have pleaded not guilty to all charges against them and are out on warning. The case was postponed to 16 August for further trial.
