Trial against former mayor postponed to August

The Specialised Commercial Crimes Court in Ventersdorp has postponed the trial of Kgotso Khumalo, former mayor of JB Marks Municipality, Mohau Shuping and Cyril Hendry for fraud and theft until 16 August 2023. The matter was postponed several times to give Shuping time to appoint and consult with a new legal representative after he terminated the services of his former lawyer. Now he has again retained the services of the same attorney he had withdrawn.

According to NPA spokesman, Henry Mamothame, the three were cautioned and warned not to interfere with the work of state witnesses. Khumalo, Shuping and Hendry are charged with eight counts of theft and misappropriation of municipal funds and have pleaded not guilty to all of them. 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 an R208 000 mayoral committee contribution, towards the funeral of the late MEC for Agriculture, Duma Ndleleni, who passed away in November 2018.

 During the start of the trial, the State led its main evidence through its main witness, Willem Coetzee, who was introduced to the court as an attorney from Willem Coetzee Attorneys, a law firm that was a member of a panel of attorneys appointed by the JB Marks Local Municipality to manage its legal and financial mandates through a trust fund. He testified that the defendant instructed him, as acting chair of the panel, to make payments to several accounts on various occasions.

He told the court that he was also instructed to pay two sums of R35 000 to Kagisano Funerals for the same funeral, which the funeral home allegedly never received. Another R32 000 was allegedly paid to Roche Trading for services rendered at the funeral. An amount of R210 000 was also reported as payment to a law firm, Langford and Sons Projects (PTY) Ltd, for an Australian football tour that was undertaken by Hendry.

One of the accused was paid R200 000 directly into his account; from this account, over R64 000 was transferred to a school where Khumalo’s relative attended. Additionally, Coetzee testified about how Khumalo instructed him to pay R50 000 each to two Non-Governmental Organizations (NGOs) as a loan repayment. He was later given a different account to which he transferred an amount of

R100 000, instead of the R50 000 to each NGO. Coetzee told the court that he had since stopped being a member of the panel, following investigations into this case.

 As a result of defrauding and stealing funds meant for community development in JB Marks Local Municipality, the state intends to call more witnesses. The state is ready to proceed with the trial and hopes for no further delays.