The matter against Khumalo and others is now scheduled to be heard on 07 April 2022, for further trial.

The three are out on a warning and they were cautioned not to interfere with the state witnesses.

The trio are facing eight charges of theft and fraud from the municipality funds.  

According to Henry Mamothame, NPA Regional Spokesperson, they have pleaded not guilty to all charges against 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 a R208 000 mayoral committee contribution towards the funeral of the late MEC for Agriculture, Duma Ndleleni, who passed away on 23 November 2018.

On 12 October 2021, Willem Coetzee, 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, testified how the accused instructed him - as the acting chairperson of the panel - to make payments in several accounts on different occasions. 

He told the court he was also instructed to pay two amounts of R35 000 to Kagisano Funerals for the same funeral.

The funeral parlour alleges the moeny was never received.

A further R32 000 was allegedly paid to Roche Trading for a service rendered at the funeral.

An amount of R210 000 was also highlighted as a form of payment to a law firm, Langford and Sons Projects (PTY) Ltd for an Australian football tour that was undertaken by Henry.

Coetzee also testified how Khumalo instructed him to pay two Non-Governmental Organizations (NGOs) an amount of R50 000 each, which was a loan that will be paid back.

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 has since ceased being a member of the panel following investigations into this case.

Coetzee is expected to undergo cross-examination from the defence team on his evidence when the trial commences,

The trial was postponed in Khumalo’s absence, and a medical certificate was submitted to the prosecutor and the court as proof of his inability to attend the trial. 

The state intends to call more witnesses to prove that false invoices were generated to effect more fictitious payments in the process of defrauding and stealing money meant for community development in the JB Marks Local Municipality.

Statement supplied.