Fraud Case Against Former Jb Marks Mayor’s Postponed To May
The case of fraud and theft against Kgotso Khumalo(52), the former Executive Mayor of JB Marks Local Municipality and two of his co-accused was before the Ventersdorp Regional Court for trial today. The matter had to be postponed to 04 May 2022 due to the ill health of Khumalo’s attorney, and one of his co-accused requested time to source the services of a new legal representative.
The three are out on a warning and they were cautioned not to interfere with the state witnesses. Khumalo, together with Cyril Hendry and Mohau Shuping, have pleaded not guilty to eight charges of theft and defrauding municipal funds.
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 R208 000 mayoral committee contribution, towards the funeral of the late MEC for Agriculture, Duma Ndleleni, who passed away in November 2018.
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. The law firm 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 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 purportedly 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 Hendry.
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 an amount of R50 000 each to two non-governmental organisations (NGOs), which was a loan that would 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 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 resumes in May. 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.
Enquiries:
Henry Mamothame
NPA Regional Spokesperson
North West Division
Tel: 018 381 9032
Mobile: 0823175731