The sentencing of convicted former eBundu Lodge co-owner Albert Sibusiso Tshabalala has been postponed for the 30th time, with the Nelspruit Regional Court set to resume the case on December 11, reports the Lowvelder.

Tshabalala’s legal team is awaiting the outcome of an application for leave to appeal a Mpumalanga High Court ruling that the regional court must proceed with sentencing. His bail of R5,000 was extended, with the State not opposing the extension on October 9.

The latest postponement came a week after Willem Janson’s funeral. Janson, who reported the alleged fraud, died on September 23, leaving his wife, Enesta, to follow the proceedings without him.

“Justice delayed is justice denied,” Enesta said after the latest postponement.

The couple had spent years fighting over the financial affairs of eBundu Lodge, situated between Mbombela and White River. Enesta told Lowvelder that the prolonged legal battle had taken a heavy toll on her husband.

How the dispute began

The case followed a business deal in which Tshabalala and his wife, Ntombizodwa, acquired a 66.7% stake in eBundu Lodge, while Willem Janson retained the remaining 33.3%.

The dispute centred on invoices from the lodge’s accountants that were allegedly altered, with banking details replaced by those linked to Cuma Investments, a company owned by the Tshabalalas at the time.

Janson reported the matter to the authorities, leading to the couple’s arrest in July 2020.

Tshabalala was convicted of fraud involving more than R150,000. His wife was found not guilty.

Legal challenges prolonged sentencing

The sentencing proceedings have been repeatedly delayed by legal challenges, changes in legal representation and disputes over the conduct of the case.

Magistrate Deon van Rooyen recused himself after disclosing that someone he knew had approached him with an alleged offer of R10,000 to impose a non-custodial sentence on Tshabalala.

The defence later challenged aspects of the proceedings, arguing that the case had been affected by alleged bias.

In August, a full bench of the Mpumalanga High Court ruled that the regional court should proceed with sentencing. Tshabalala’s lawyers subsequently sought leave to appeal that decision, resulting in the latest postponement.

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