A former Eastern Cape ANC activist who accused premier Oscar Mbuyane of bribing chief justice Raymond Zondo with R5-million is to be prosecuted in the East London Regional Court.
This decision by the director of public prosecutions was announced in the East London Magistrate’s Court on Thursday.
This follows several postponements pending the decision by the DPP.
Phadima Fukula will be charged with crimen injuria, perjury and defeating the ends of justice.
The Dispatch reported that in a statement to the Hawks on February 17 2021, Fukula alleged Mabuyane had given him R10,000 in March 2016 to influence ANC branches against Nkosazana Dlamini-Zuma, who was to go head-to-head against Cyril Ramaphosa at the party’s 54th national conference at Nasrec the following year.
In another statement, Fukula allegedly claimed that in July 2017, Mabuyane handed him “a bag full of cash” to take to Zondo.
Hawks detectives interviewed Fukula on April 9 2021, seeking more evidence to substantiate his claims against Mabuyane.
During this interview, he reportedly asked for a short break and never returned to the interview room.
In the light of the conflicting statements, the Hawks opened a case of perjury and a month later, on May 3 2021, Mabuyane opened a case of crimen injuria against him.
Fukula was arrested by the Hawks in Johannesburg in February 2022 after it was discovered he had allegedly lied under oath by implicating Zondo and Mabuyane in the bribery matter.
During his brief appearance on Thursday, Fukula, dressed in a dapper blue suit, was supported in court by a contingent of MK party members.
Outside court, Fukula confirmed he was a member of former president Jacob Zuma’s new party but declined to comment further.
His attorney, Lindela Ngxekana, bemoaned the delays in the case, saying they were ready to go ahead and deal with the charges.
“The state has been saying they are waiting for the DPP’s decision. Today the decision has been taken that [Fukula] will be prosecuted in the regional court.
“Until then we will wait. We welcome the decision. We have always been ready to proceed in the matter because, remember, justice delayed is justice denied.
“My client has been a bit frustrated by these delays. We will see what the state brings and we will deal with that.”
The MK party’s Ntlahla Madikizela said they had come to support their comrade.
“One of the reasons that brings us here is we feel the state is using its resources to intimidate and persecute comrade Fukula.
“Our interest is to see justice served on all parties.
“He is a member in good standing of the MK party, and we will continue to support him.
“As Mkhonto weSizwe, we are here to make sure the law applies in an equal and fair manner, as we are all citizens of SA.”
Fukula remains out on a warning. He will be back in court on August 7 for a regional court date.
Mabuyane said: “I welcome that. It should serve as deterrent to individuals who allow themselves to be used as useful idiots.
“I have been subjected to all manner of malicious fabrications, others desperately trying to frame me.
“All I can [say is] lies have short legs.
“I am more interested in his handlers than in him.
“I am of the opinion that he was used by people who hoped to see me going for the step aside.
“This is part of a wider syndicate network that included some elements who captured the University of Fort Hare and used it for political reasons.
“I’m happy some have been arrested and exposed. They will all be exposed one by one.”
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