Former mayor to be trialed next month
Former J.B. Marks municipality mayor's fraud trial has been postponed again as his health has not improved.
The Ventersdorp Regional Court has adjourned the fraud and theft trial against former JB Marks Local Mayor Kgotso Khumalo (52), and his co-accused to 10 June 2022. Khumalo’s attorneys say his health hasn’t improved since the last postponement. One of the co-accused has sourced the services of a new legal representative and is awaiting the transfer of legal funds from the withdrawn attorney.
Henry Mamothame, North West NPA Regional Spokesperson says the state is ready to proceed with the trial and they are ready to call upon witnesses to prove their case. “The three are out on warning and they were cautioned not to interfere with the state witnesses,” Mamothame said.
Khumalo, together with Cyril Hendry and Mohau Shuping, are facing eight charges of theft and defrauding municipal funds, and they have pleaded not guilty to all charges.
It is alleged that the North-West University and the Programme for Community Development, paid millions into a trust account belonging to Coetzee’s law firm, for the use of specific projects by the municipality. The attorney was then given instructions to effect various payments, including R208 000 mayoral committee contribution, towards the funeral of the late MEC for Agriculture, Duma Ndleleni, who passed away in 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.
