Central SA
Former JB Marks mayor’s pre-trial delayed─── OLEBOGENG MOTSE 06:00 Fri, 09 Jul 2021
The pre-trial phase of the criminal case against former JB Marks Mayor, Kgotso Khumalo, and two others is again delayed, this time owing to the appointment of a magistrate to preside over the matter.
Spokesperson for the National Prosecuting Authority (NPA) in the North West, Henry Mamothame, says the Potchefstroom Magistrate's Court on Tuesday 7 July 2021 postponed the case to 11 August for this very purpose.
Mamothame previously told OFM News, the matter was meant to be transferred from the Magistrate's Court to the Mmabatho High Court for trial, however, the accused, have complained that travelling to Mahikeng – which is where the Mmabatho High Court is located – would be too costly for them. As a result the trial phase continues at the aforementioned Magistrate’s Court. Khumalo, together with senior accounting officer, Cyril Henry; and caretaker, Mohau Shuping, are each facing eight charges of theft and fraud from the municipality funds.
It is alleged that the R5 million the trio stands accused of misappropriating, was donated by the “North West University (NWU) and the Programme for Community Development” for the municipality’s special projects. These funds ended up in the bank accounts of the accused via illegal means. They allegedly falsified invoices, making it appear that the unlawful payments were for services rendered. Khumalo resigned from his mayoral position in May 2021 following mounting pressure by opposition parties in the council for him to vacate office, as well as the implementation of the ANC’s step aside policy. OFM News previously reported that ANC councillor, Mapule Mataboge, was elected as the new mayor of the Potchefstroom headquartered municipality, replacing Khumalo.
The 14 May sitting in which Mataboge was elected, was overshadowed by drama with opposition parties walking out. The municipal spokesperson, Willie Maphosa, said only ANC council members and the two independents voted in favour of Mataboge whilst the EFF, Freedom Front Plus (FF Plus) and the DA staged a walkout. The former mayor is amongst a few ANC members in the North West who were affected by the party's step-aside policy.
He was then asked by the party’s Provincial Interim Committee (PIC) to step aside or face suspension from the party. Khumalo is said to have allegedly refused to step down initially but eventually did step aside from his post. He was nabbed by the Hawks for the crime in 2020 alongside his co-accused and appeared at the Potchefstroom Magistrate’s Court on the aforementioned charges.
The three accused remain out on a warning and are prohibited from contacting state witnesses.
OFM News
