Former MMC for Housing, the African National Congress’ (ANC) Dan Bovu, has seemingly not been acquitted by the courts but the case was rather withdrawn due to witnesses being unwilling to testify.
The ANC’s Joburg chief whip, Solly Mogase, last week said that the former MMC had been acquitted on charges of corruption and theft.
The party said the prosecution authority decided that there had been insufficient evidence to prosecute Bovu and that he will continue his responsibilities as councillor in the City.
READ: Former Joburg Housing MMC acquitted of fraud charges
However, Executive Mayor Herman Mashaba said it was ‘a far stretch for the ANC to claim that Bovu had been found not guilty on all charges, in fact, the allegations are yet to be tested by a court of law’.
He said this after an investigation into how Bovu could have been acquitted without the City, as the complainant, and the owner of the land sold had not been consulted.
Bovu was arrested last year and is and awaiting trial for the alleged illegal sale of City-owned land to two residents.
The mayor said the City is in possession of an affidavit from one of the witnesses confirming they were recently paid R43 000, allegedly with future payments promised.
“In addition to the charges of corruption and theft, the City believes that additional charges need to be brought against councillor Bovu and his co-accused. These include defeating the ends of justice, bribery and corruption,” he said.
The National Prosecuting Authority (NPA) South Gauteng spokesperson, Phindi Louw, said that the prosecutor has to provisionally withdraw the case because the key witness sent an affidavit stating that they would not testify. The case was withdrawn because there were no longer any witnesses.
“The docket is still at the Special Commercial Crimes Court for further consideration,” she said.
Louw confirmed that Bovu was not acquitted.
The ANC has been contacted for comment on the mayor’s statement and the story will be updated as soon as their response is received.
