MBOMBELA – The so-called Lefika Trio who were accused of obtaining the R1 billion Mbombela Stadium contract by means of forgery and pulling strings to get tenders awarded to their business associates, will not be prosecuted.
This decision was confirmed by the National Prosecuting Authority (NPA) last week.
The sword that hung over Kaizer Chiefs boss, Mr Bobby Motaung, businessman, Mr Herbert Theledi and Lefika emerging equity chief executive officer, Mr Chris Grib’s heads, has now been lifted. The same applied in the cases of former Mbombela Municipal manager Mr Jacob Dladla, Mr Tebogo Khebeka and Mr Micheal Romanos, the former legal officer of Lefika.
This decision came as a shock to some, as Hawks spokesman Mr Paul Ramoloko assured the media that the police had a watertight case against the accused in March, 2013. That statement was made after the trio had appeared in the Nelspruit Magistrate’s Court, where they were charged with fraud, corruption and contravening the Municipal Finance Management Act. These three charges were relevant to alleged irregularities surrounding the awarding of tenders where expenses of R920 million were reportedly incurred.
Prior to that court appearance, in 2012, they had been charged with allegedly using a false tax-clearance certificate when bidding for the tender to design the stadium. Another charge adduced to them was that of forging a Mbombela municipal council letter that would secure their R1 million overdraft. They were also charged with stealing
R143 million.
In June 2013 state advocate Mr Patrick Nkuna requested that the case be transferred to the North Gauteng High Court. However, the correct supporting directive required from the National Prosecuting Authority could not be provided to the magistrate, Mr Roelf Smith, as NPA officers were still at odds about which court should hear the matter. Smith struck the case off the role. The re-institution thereof would only be allowed once the NPA had clarity on the issue.
At that point in time, however, the NPA did not share the Hawks sentiment about the investigation being complete. This was according to NPA spokesman, Mr Luvuyo Mfaku, who said that the case’s investigation had not resulted in court- ready dockets at any point in time – not in 2012, 2013 or now.
In January this year the Hawks’ Maj. Gen Mthandazo Ntlemeza relaunched investigations into the matter and declared that the docket was court ready. Although the Hawks had publically announced this twice, that conclusion was never reached by the only body with statutory power to do so – the NPA. Both the South African Police Services Act and the National Prosecuting Authority Act dictate that the police must complete an investigation and hand it over to the prosecuting authority, which decides whether suspects will be prosecuted.
Mfaku expounded on what motivated the prosecution’s decision.
“Each of the dockets presented by the SAPS, were assessed. The charges in question were considered and when the evidence provided was tested against the elements of each charge in question, there were no prospects of a successful prosecution to begin with,” he said.
According to Mfaku, the outcome of prosecuting the six, would be a successful section-174 application by the defence team. “The charges against them would have been dismissed as the state’s case would not have been proved,” he said.
“By prosecuting, we would have wasted the taxpayers’ money and the court’s time.”
Lowvelder requested access to the police dockets from Hawks spokesman, Capt Lucy Dineo Sekgotodi. Access to the exhibits that did not prove the elements of the alleged crimes, motivated the paper’s request. Journalists from two national publications supported the application.
No reply was received.
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