eBundu Lodge owner, Sibusiso Albert Tshabalala, continues to successfully avoid a possible jail term. The court has postponed his sentencing at least 26 times.

The reasons for the many postponements include that a magistrate recused himself from the case after he was offered a R10 000 bribe to deliver a non-custodial sentence.

The Commercial Crimes Court for the Regional Division of Mpumalanga, sitting in Mbombela, once again postponed the sentencing of Tshabalala on Thursday, September 18.

It was in this same courtroom that Tshabalala was convicted of fraud during October, 2021.

Lowvelder previously reported that he and his wife, Ntombizodwa Katlego Tshabalala, were arrested following allegations that the couple had defrauded their own business, eBundu Lodge, by issuing fake invoices and pocketing the cash.

Ntombizodwa was acquitted of the charges.

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Shortly after Albert’s conviction, the magistrate postponed the matter to November 5 the same year (2021) for sentencing.

The sentencing was further postponed many other times for various reasons including when Albert changed lawyers who had represented him at the time, and him accusing the magistrate of being biased.

During April, Magistrate D van Rooyen placed on record that he was offered a R10 000 bribe to pass Albert a non-custodial sentence.

I received a visit from someone that I know. The person indicated to me that he had been sent and requested by a relative of the convicted to approach me and to offer me R10 000 in order to impose a non-custodial sentence in this matter. The person went so far as to suggest the sentence I should impose,” said Van Rooyen.

 

“I was taken aback. I rejected the offer with contempt. As a judicial officer I have taken an oath to uphold the Constitution of this country and to dispense justice without fear or favour. I also value my integrity, not only as a person but also as a judicial officer, and for that reason I can assure those who are present that I will never be a party to any corrupt activities or conduct. Now it bears the question whether the standards and proceedings should continue in front of me,” added the magistrate.

Van Rooyen then recused himself from the matter and announced that the attempts to bribe him were a subject for investigations by the law enforcement agencies.

Meanwhile, according to the provincial spokesperson of the National Prosecution Authority, Monica Nyuswa, the latest postponement on Thursday last week was for three reasons.

“The matter was postponed because the correctional supervision officer was absent due to other work commitments in Mozambique, the convicted instructed a professional to compile a psycho-legal report and it is not yet complete *,  and lastly, the convicted requested the court to consider the legal implications of the recusal of the magistrate who dealt with the trial and convicted him,” said Nyuswa.

She added that the judgment regarding the request was reserved and would be delivered on October 9.

Lowvelder obtained comment from Willem Janson who had uncovered the events leading to Albert’s sentencing. After the Tshabalalas bought a 66.7% stake in the popular lodge in 2018, Janson approached police with allegations of fraud.

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Janson told Lowvelder that he was disappointed about the latest postponement, saying that court processes were being abused.

“We have been battling for seven years with this. We built the lodge brick by brick over three decades ago, only to end up becoming victims of a fraudster,” said Janson.

“It’s an absolute farce, absurd and bizarre. It is as if we are playing marbles and it’s of no consequence. This place was very busy but was destroyed within three months after the purchase of the stake. It has 120 rooms, lots of conference rooms and swimming pools, but is now under business rescue. Employees have lost their jobs,” he said.

* This statement has since been denied by Albert’s attorney, who has been requested to provide more information, enabling Lowvelder to determine whether this report should be updated or amended.  

*This article was amended after publishing.