The Potchefstroom Regional Court set a trial date on the fraud and theft case against the former Executive Mayor of JB Marks Local Municipality in Potchefstroom, Kgotso Khumalo and others to 11 October 2021.
The magistrate also confirmed that the trial will be conducted at the Ventersdorp Regional Court. The state initially intended to transfer the matter to the High Court in Mmabatho, however, the accused made a submission citing they will suffer financial constraints.
During a pre-trial hearing held today, 20 August 2021 all parties confirmed their readiness to proceed with trial and the state confirmed that investigations are concluded on this matter.
According to the NPA Spokesperson in North West, Henry Mamothame, Khumalo together with Cecil Henry and Mohau Shuping are facing eight charges of theft and fraud from the municipality funds.
It is alleged that the North West University and the Programme for Community Development paid about R5 million into a trust account of an attorney 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 on 23 November 2018.
Further allegations are that R200 000 was paid directly into the account of one of the accused. From this amount, R64 218 was paid to an institution where Khumalo’s relative was a student.
It is alleged that false invoices were generated to effect more fictitious payments. Further to this act of criminality, Khumalo allegedly instructed the attorney to make payment to an NGO which did not exist.
The three will remain out on a warning and are prohibited from contacting state witnesses.