Mpumalanga High Court date finally set in eBundu Lodge fraud appeal
A convicted fraudster’s case has been delayed 29 times amid legal manoeuvres and even a reported bribery attempt before finally being set down for a high court appeal hearing.
The fraud case against eBundu Lodge owner, Sibusiso Albert Tshabalala, has been postponed for the 29th time and is finally scheduled to be heard in the Mpumalanga Division of the High Court.
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Tshabalala appeared in the Nelspruit Regional Court today, March 4, where his lawyers filed a notice setting the hearing date for July 31 at 09:00, or as soon thereafter as the parties may be heard.
A new presiding officer, Magistrate Simon Fankomo, also set October 9 as the date for the matter to return to the regional court.
A box containing court documents related to Tshabalala’s case, previously sealed by former Magistrate Marlene Greyvenstein – whose contract ended on February 27 – was presented to Fankomo today.
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Tshabalala was convicted of fraud in October 2021 and has since employed numerous legal tactics to avoid jail, resulting in 29 postponements.
At one point, Magistrate Deon van Rooyen, who convicted Tshabalala, recused himself after revealing that he had been offered a R10 000 bribe.
Van Rooyen disclosed the attempt in court and in a police affidavit, implicating a former colleague who has since left the judiciary to practice as an advocate.
According to Van Rooyen, the bribe was intended to influence him to issue a non-custodial sentence.
Lowvelder previously reported that Sibusiso and his wife, Ntombizodwa Katlego Tshabalala, were arrested after allegedly defrauding eBundu Lodge by issuing fake invoices and pocketing the cash. Ntombizodwa was acquitted.
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Sibusiso’s legal team had applied to the Mpumalanga Division of the High Court for leave to appeal the conviction.
The court referred the matter back to the Nelspruit Commercial Crime Court for sentencing.
They subsequently approached the Supreme Court of Appeal, which granted leave to appeal, meaning a full bench will now hear the case in Mbombela.
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The Tshabalalas had purchased a controlling interest in eBundu Lodge from Willem Janson, but the deal deteriorated amid questionable financial practices.
