Picture File: Former acting national police police commissioner Khomotso Phahlane during his appearance at the Specialised Commercial Crimes Court for fraud and corruption charges on 8 February 2018 in Pretoria. Picture: Gallo Images
The Palm Ridge Specialised Commercial Crimes Court dismissed a Section 87 application by former South African Police Service (Saps) Deputy National Commissioner, Bonang Mgwenya, to compel the state to provide further particulars in the Saps R191 million blue lights fraud and corruption matter.
Mgwenya appeared in the Palm Ridge Commercial Crimes Court on Wednesday.
The matter relates to a contract to supply emergency warning equipment for Saps in 2016.
The contract was worth R191m. And, R65m was paid to the service provider, Instrumentation for Traffic Law enforcement (Pty) Ltd, but a further payment of R22m was stopped, as a result of the investigation into the matter by the NPA’s Investigating Directorate (ID) and IPID.
In his judgment, Acting Regional Magistrate Emmanuel Magampa Magampa ruled that the request by the defence to compel the state to provide transcripts and specifications of witness statements is misplaced, as this can be addressed with the relevant witnesses during trial.
“As far as the offences of corruption are concerned, the allegations in counts 384, 386 and the various alternatives thereto are as clear as daylight and do not need any further clarification or elucidation. Whatever the applicant needs as contained in paragraph 29 to 44 and 46 to 50, are all matters of evidence,” remarked Magistrate Magampa.
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Mgwenya is accused number 15 in the main case, State v Ramahlapi Mokwena and 12 others which include acting National Police Commissioner, Khomotso Phahlane, former Gauteng Police Commissioner, Deliwe de Lange; Gauteng Deputy Police Commissioner Nombhuruza Lettie Napo; Lieutenant General Ramahlapi; Johannes Mokwena (retired Divisional Commissioner); Brigadier James Ramanjalum; Thomas Dumas Marima (Colonel) and Maetapese Joseph Mulaiwa (Seargent).
The civilians are Judy Rose, Samantha Andrews, Vimpie Manthatha, the owner of Instrumentation for Traffic Law enforcement (Pty) Ltd.
The accused are facing a number of charges including fraud, corruption, theft and money laundering and defeating or obstructing the course of justice.
Last year, Phahlane and Mgwenya applied to have the case struck from the roll, citing unreasonable delays.
“While it is so that the matter has been delayed, I am unable to align myself with the applicants’ contention that it is the prosecution that has unreasonably delayed the progress of the matter,” said magistrate Magampa.
Magampa said the case was of national interest and that taxpayers’ money was involved.
“The public has a vested interest in seeing that the law takes its course and that justice is done.
The matter has been postponed to 30 January 2024.
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