Pule Mabe unhappy with delays, but won’t seek to have charges dropped in R27m corruption case

Former African National Congress (ANC) spokesperson Pule Mabe has opted not to apply for his charges to be dropped, as the R27 million fraud and corruption case was postponed.

The couple, along with his wife Mmatlhekelo Elsie Mabe and business associate Tinyiko Mahuntsi, appeared at the Palm Ridge Specialised Commercial Crime Court in Johannesburg on Tuesday.

They face charges alongside four former senior officials from the Gauteng Department of Agriculture and Rural Development: ex-heads of department Thandeka Mbassa and Matilda Gasela; former chief financial officer Abdullah Mohamed Ismail; and former chief director Loyiso Mkwana.

All the accused are facing counts of fraud, theft, and contraventions of the Public Finance Management Act (PFMA) and the Prevention of Organised Crime Act (POCA).

Each was granted bail of R30 000 in October last year.

More documents handed over to defence

The matter had previously been postponed in March to allow the defence more time to review the docket, which contains 3 580 pages, before setting a pre-trial date.

On Tuesday, state prosecutor Magdaline Montwedi-Mclean confirmed that all the requested documents had been provided to the defence – except for the final charge sheet.

“The state has since furnished all the accused with the charge sheet that was furnished with the copies of the docket. That was the state’s first draft of the charge sheet.

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“The state is still in the process of finalising the charge sheet and would like to give this charge sheet to the legal representatives before the next date, which we have arranged,” she said.

The prosecutor requested the court to grant another postponement to finalise this process.

Pule Mabe won’t apply to have corruption and fraud charges dropped

Mabe’s lawyer, Advocate Zola Majavu, confirmed in court that his clients have no intention of making representations to the National Prosecuting Authority (NPA).

“On the previous occasion, having been privy to the docket, I, on behalf of my clients, filed a request for further particulars, which has since been responded to over the weekend.

“We are now in possession of the response. We do not intend on bringing any interlocutory applications, neither do we intend on making any representations,” he said.

A representation is a formal request made to the NPA by an accused person challenging the decision to prosecute, and if successful, it can result in the withdrawal of charges.

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Majavu further requested that the final charge sheet be delivered to the defence at least a week before the next court appearance.

“It may have an intended consequence of an unnecessary postponement, which is coming at a great cost to our respective clients.”

The state confirmed that the final charge sheet would be provided by 30 June.

The matter has been postponed to 7 July for a trial date to be set.

Pule Mabe frustrated with delays

Addressing the media outside court flanked by Mabe, Majavu emphasised that he was prepared to move forward with the trial, attributing the latest postponement to “gaps” and “”inconsistencies” in the docket.

“There are obvious errors, and this is why today you had the state say they are asking for a postponement to amend the charge sheet or to give us some other version.”

He highlighted that his clients were frustrated by what he described as “unnecessary delays”.

“That is the frustrating part, because every time I come to court, my services don’t come cheap.

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“There’s emotional trauma that my clients are subjected to, whether they’ll be found guilty or not guilty, we need to get going,” Majavu said.

“He says he’s ready to go to trial, so bring it on. Let’s go to trial and test all these allegations and let the courts decide. He’s not very happy, but he doesn’t locate himself above the law.

“It’s not a nice thing to be subjected to court processes with your wife. The toll it is taking on them is unbearable, but that is how the legal cookie crumbles.”

Corruption and fraud allegations

The charges against Mabe and his co-accused stem from allegations of corruption, fraud, and theft linked to a R27 million tender.

The contract was awarded to Mabe’s company, Enviro-Mobi, by the Gauteng Agriculture and Rural Development Department in 2017.

The tender was meant to supply 200 three-wheeler vehicles for waste pickers employed by the City of Ekurhuleni.

According to the state, Enviro-Mobi lacked the necessary expertise when it was awarded the tender.

Only four of the 196 tuk-tuks, most of which allegedly had “mechanical difficulties”, were not delivered to the department.

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