Khumalo’s attorneys have indicated that his ill health has not yet improved since the last postponement. One of the co-accused has sourced the services of a new legal representative and is awaiting the transfer of legal funds from the withdrawn attorney.

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The three are out on warning and they were cautioned not to interfere with the state witnesses. Khumalo, together with Cyril Henry and Mohau Shuping, is facing eight charges of theft and defrauding municipal funds, and they have pleaded not guilty to all charges. 

It is alleged that the North West University and the Programme for Community Development paid millions into a trust account belonging to Willem Coetzee Attorneys - a law firm that was a member of a panel of attorneys appointed by the JB Marks Local Municipality, 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 in November 2018.

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On 12 October 2021, the state led its evidence in chief by its key witness Willem Coetzee, who was introduced to the court as an attorney from Willem Coetzee Attorneys, to manage its legal and financial mandates through a trust fund. He testified on 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, which the funeral parlour alleges was never received. A further R32 000 was allegedly paid to Roche Trading, for services 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.

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It was, however, discovered that R200 000 was paid directly into the account of one of the accused, and from this, an amount of over R64 000 was paid to an institution where Khumalo’s relative was a student. Coetzee also testified on how Khumalo instructed him to pay two non-governmental organisations (NGOs) an amount of R50 000 each, which was a loan for 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 has since stopped 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 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.

The state is ready to proceed with the trial and hopes that no further delays will be experienced.

Police statement