Top East London attorney Henry van Breda will from now on represent all seven suspects implicated in the R13m Eastern Cape land claims fraud scandal.
This comes as the Hawks continue their investigation, with more arrests expected.
On Thursday morning, Van Breda, of Changfoot van Breda attorneys, appeared for all the accused in the East London Regional Court.
This was their second court appearance after they were arrested simultaneously in different parts of the country in September.
The alleged mastermind, Funeka Malusi (formerly Funeka Goci), who is a senior official at the Regional Land Restitution and Commission’s office in Beacon Bay, is alleged to have paid millions of rand into her bank account, as well that of her daughter Chulumanco Malusi, 25, her helper Zoleka Mandintsi, 48, and relatives or acquaintances Zoleka Mbinambina, 55, Avukile Gxalo, 54, Nokuthembela Hope Malgas, 45, and Luvuyo Vika, 54.
Previously, Gxalo received state legal aid, while Buchule Fulanisi represented Vika, a Northern Cape-based construction entrepreneur who was born in Mdantsane.
Both confirmed before magistrate Rochelle Sam that they would be represented by Van Breda’s legal team.
The accused are alleged to have siphoned off R13m meant for Eastern Cape land claimants and are now out on bail for a combined R90,000.
They are facing a total of 62 counts of fraud, forgery and uttering.
The state did not oppose bail because the accused had not previously been convicted of an offence and were not considered a flight risk.
Sam extended their bail conditions and postponed the case to February 19.
Family members of the accused were present during the court proceedings.
Speaking outside court, Van Breda said they were awaiting for the authorities to finalise the investigation.
“The matter was provisionally on the roll for purposes of further investigation, the prosecutor informed the court that the matter has not been finalised, so the matter has been postponed to February.”
He said commenting on the case at this stage was premature.
The Daily Dispatch has it on good authority that an internal investigation by the National Land Reform department headed by minister Mzwanele Nyhontso is at an advanced stage.
Malusi has been on precautionary suspension from her role as the director for quality assurance at the regional land claims office since July 30.
She was reportedly suspended a day after she handed in her resignation, which was rejected by the department.
Her suspension is with full pay.
Court documents alleged that she was responsible for final approval of land claims and allegedly changed the account numbers of beneficiaries to those of the accused between 2017 and 2024.
The charge sheet further alleges the other accused spent the funds on themselves though some of the money would be returned to Malusi.
Malusi had also served as the land claims commission’s bid specifications committee (BSC) chair and had been employed by the commission since October 1996, when she started as a low-ranking official before working her way up the ranks.
Court documents reveal that the money was meant for claimants in Mxaxo location, AbaThembu, Skobeni, Dutyini, KwaLink, the Mbhems community, Ncora, Ohlsen farm, Zozo, Mdlankomo-Moyeni, Umfanta, Thornhill (Ntabethemba) and Taweni, among many other areas.
Provincial Hawks spokesperson Warrant Officer Ndiphiwe Mhlakuvana said the elite police unit had strong evidence against the accused.
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