Trial of former mayor postponed yet again

The Potchefstroom Regional Court has deferred the fraud and theft trial against Kgotso Khumalo, the former executive mayor of J.B. Marks Local Municipality, yet again due to him being ill. According to Henry Mamothame, the NPA regional spokesperson, “His attorney provided a medical certificate in court. The case is scheduled for 7 April 2022 for further trial,” he said. Khumalo, Cyril Henry and Mohau Shuping are out on a warning and were cautioned not to interfere with the state witnesses. The trio is facing eight charges of fraud and theft of municipal funds. They have pleaded not guilty to all charges against them. It is alleged that the North-West University and the Programme for Community Development paid millions into a trust account belonging to a law firm for the municipality to use for specific projects. The attorney was then instructed to effect various payments, including a R208,000 mayoral committee contribution towards the funeral of the late MEC for Agriculture, Duma Ndleleni, who passed away on 23 November 2018. On 12 October 2021, Willem Coetzee testified that his law firm was a member of a panel of attorneys the municipality had appointed to manage its legal and financial mandates through a trust fund. He testified how the accused had instructed him, as the acting chairperson of the panel, to make payments in several accounts on different occasions. He told the court he was also instructed to pay two amounts of R35,000 to Kagisano Funerals. The funeral parlour denies receiving the money. A further R32,000 was allegedly paid for services rendered at the funeral. An amount of R210,000 was also highlighted for an Australian football tour that Henry undertook. It was discovered that R200,000 was paid directly into the account of one of the accused. From this amount, R64,218 was paid to an institution where Khumalo’s relative was a student. Coetzee also testified how Khumalo had instructed him to pay two non-governmental organisations (NGOs) an amount of R50,000 each as a loan that would be paid back. He was later given a different account into which he transferred an amount of R100,000 instead of the R50,000 to each NGO. Coetzee told the court he has ceased to be a panel member, following investigations into the case. The defence team is expected to cross-examine Coetzee on his evidence when the trial commences. The state intends to call more witnesses to prove that false invoices were generated to effect more fictitious payments in the process of defrauding and stealing money meant for community development. For the same funeral to which the funeral parlour alleges it was never received.