Two accused of siphoning millions acquitted
He said he was not satisfied that the state succeeded in establishing beyond reasonable doubt, that the two accused persons knew that their entertainment of traffic representations and reduction of traffic fines at times were illegal.
LYDENBURG – Two traffic officials who were accused of allegedly siphoning off about R9 million from the local traffic department have been acquitted of all charges.
On Friday Mr Jacob Phala and Mr Jubani Mtombothi were found not guilty relating to these charges by regional magistrate, Mr Andries Lamprecht, because of “chaotic administration” of fines at Thaba Chweu Municipality (TCM).
The two accused were identified as suspects relating to fraudulent activities within the TCM department more than three years ago.
It was closed down in December 2011 due to the alleged mismanagement of funds and these officials were suspended pending the outcome of the investigation.
This came after an internal audit was requested into irregular activities relating to double dealing in the department. All charges against Phala were dropped by TCM and he was appointed as the driver of the mayor, Mr Michael Ncongwane in 2012.
Shortly after, he was promoted from a level-five position to level one (managerial) and offered the position of manager of the multimillion rand Thusong Centre in Mashishing.
Mthombothi, on the other hand, was found guilty in July 2012 but was “pitied” back into the municipality. Management then gave Lowvelder the following response regarding his reinstatement on the municipal payroll, “Mthombothi appealed his dismissal to the appeal committee on September 21, 2012. On October 8 that year the chairman of the committee ruled that the decision by the disciplinary committee to dismiss Mthombothi was harsh and he was reinstated. His sanction was a final written warning”.
During his ruling Lamprecht also mentioned the pitfalls of The Administrative Adjudication of Road Traffic Offences Act of 1998 (AARTO). “AARTO has been operative in a pilot phase for more than a decade now. It started off in the Pretoria/Tshwane area, and was later extended to the broader Johannesburg area as well. It is not yet operative elsewhere in the republic and definitely not yet in this area of jurisdiction. The pitfalls of AARTO are many. One of the main problems with it is that the adjudicating staffs is administrative people with little or no legal (let alone judicial) training whatsoever and, they have a vested direct interest deriving an income from the system. This creates a good environment for corruption and, especially miscarriage of justice.”
He said he was not satisfied that the state succeeded in establishing beyond reasonable doubt, that the two accused persons knew that their entertainment of traffic representations and reduction of traffic fines at times were illegal. “Therefor, their reduction of fines eventually paid to Thaba Chweu Local Municipality amounted to fraudulent misrepresentations to anyone concerned. I am further not convinced that any or both of the two accused persons ‘stole’ any of the monies mentioned in the alternative charge. They are accordingly hereby acquitted and discharged on the main as well as on the alternative count.”
