Four men and three entities on trial in Mbombela for money laundering will soon learn whether their discharge application was successful. Magistrate Deon van Rooyen postponed the matter to August 24, when he is expected to deliver judgment on the application and whether or not the accused’s bail will be extended.

On trial are four accused – Samkelo Ngubane, Raymond Manzini, Moses Ndlovu and Chris Manzini – along with three entities: Zalabantu Trust Estate, Preray Investments and Gatjeni Ndlovu Trading.

The accused appeared in the Mpumalanga Commercial Crimes Court on Wednesday, August 12. The court was expected to rule on whether the defence’s application for dismissal under Section 174 would be granted.

Defence argues state failed to prove case

Section 174 of the Criminal Procedure Act in South Africa pertains to the power of the court to return a verdict of not guilty. It states that if, at the close of the prosecution’s case, the court is of the opinion that there is no evidence that the accused committed the offence, it may return a verdict of not guilty. This section allows the court to assess the sufficiency of the evidence presented by the prosecution before the defence is required to present its case.

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The defence applied for a Section 174 discharge, arguing that witnesses called by the state failed to directly implicate the accused in criminality. The defence further insisted the state failed to prove its case beyond reasonable doubt.

R5m tender awarded to official’s brother

Ngubane is the head of the Department of Co-operative Governance and Traditional Affairs (Cogta), while Raymond Manzini is a deputy director for disaster management in the department.

According to the prosecution, the company awarded the tender belonged to Chris Manzini, Raymond Manzini’s brother, resulting in a conflict of interest. The state alleges that Raymond Manzini failed to invite competing companies to bid for the PPE tender to ensure fairness.
The tender was awarded to Gatjeni Ndlovu, which then subcontracted Preray Investments, belonging to Chris.

Ngubane was arrested for alleged corruption that took place while he served as accounting officer.

The accused face charges of money laundering and contravention of the Public Finance Management Act 1 of 1999, among others.

Court denies application to separate trials

Advocate Lawrence Mrwebi, representing Ngubane, initially applied for his client’s trial to be separated from the co-accused, arguing it was in the interests of justice. Van Rooyen ruled against the separation, stating that while he understood Ngubane might suffer prejudice, the court also had to consider prejudice to the state.

The state maintains that the Public Finance Management Act (PFMA) was contravened when the department purchased more than R5m worth of personal protective equipment during Covid-19.