Murunwa Makwarela could face a decade in jail over ‘clumsy’ forgery

In a rapid turn of events on Friday, Dr Murunwa Makwarela went from confidently claiming the Tshwane mayoral chair to resigning, after the High Court in Pretoria’s chief registrar said it would be pursuing criminal charges against him.

Makwarela’s resignation came hours after he was reinstated, after submitting what has since been declared a fraudulent rehabilitated insolvent certificate.

Even Makwarela’s resignation could be termed “fake”, as he had been disqualified by Tshwane city manager Johann Mettler on Tuesday.

‘Check with the court’

Speaking to Saturday Citizen on Friday, prior to his resignation, Makwarela maintained the authenticity of the certificate, saying those with an issue must approach the courts.

“The only way to check is to go to the courts, not with me. I know there’s a big queue now to check. No-one can say anything, including me,” Makwarela said.

“I cannot be subjected to media court. I complied with the request by the city manager. If he is not happy with my certificate, he is more than free to go and check with the court.”

From there, Makwarela’s position weakened rapidly, following a terse letter from Tumelo Ledwaba, the chief registrar of the High Court in Pretoria, who confirmed “the document purporting to be an order issued by this court was never issued in our court”.

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“I also confirm that no rehabilitation order has ever been issued regarding the parties named in the said document.”

Ledwaba said he would be “referring this matter to the office of the Directorate for Priority Crimes Investigation for their [investigation] and the institution of criminal proceedings”.

Congress of the People (Cope) president Mosiuoa Lekota could not confirm whether the party would open criminal charges against Makwarela as he still needed to discuss the matter with other executive members.

“I cannot say that just off my head. What must happen is that I should call a meeting of the leaders. When I make a statement, it must be a statement representing the party,” he said.

‘Severe punishment’

Cope deputy president Willie Madisha, however, was not shy about the matter.

“This nonsense, we cannot allow that,” he said.

“I want to declare from Cope, the entire executive all the membership in the whole country and the people who support Cope from beyond the borders of South Africa, that this is nonsense and we condemn it and let him go to hell. We can’t allow this kind of thing.”

Legal expert advocate Francois Botes described the forgery as “clumsy”, suggesting Makwarela could possibly face at least 10 years’ imprisonment if found guilty on this matter.

Makwarela’s “rehabilitation certificate” was ridden with errors, including spelling his own name incorrectly – Makwerela – and getting the name of the court incorrect.

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The judge who was supposed to have signed it was not on the bench at the time either.

“Forgery in this instance, is a fraud that was perpetrated by a public official on the High Court of South Africa and on the people of South Africa. This is direct contravention of the Electoral Commission Act.

“It carries a more severe punishment as the court and the public expect from public officials to be honest, to be fair, to be transparent and to do the right thing and not a forge court order so as to protect their own interest in public office.”

Due diligence

Political analyst Ralph Mathekga, said Makwarela’s situation showed the country was not serious about due diligence processes.

Insolvency was a serious issue and being insolvent meant one sought protection against creditors.

“To be declared insolvent is not a sin but … will raise concern as for your ability to be reasonable as an accounting officer or as someone who will be bequest with responsibility such as that as a mayor,” he said.

If the metro was serious, Makwarela would have not been considered a mayoral candidate.

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