An Eastern Cape man who had his conviction and 10-year sentence for fraud overturned has called on the government to ensure innocent people are not sent to jail for crimes they did not commit.
In a scathing judgment in the Mthatha High Court setting Ayanda Matinise free, judge Mbulelo Jolwana said there was a “complete failure of justice on many fronts and at numerous angles resulting in the conviction of the appellant being unsustainable, unjust and therefore indefensible, a concession which counsel for the state also correctly made during the hearing of this appeal”.
Jolwana said there were “many other examples of the unfortunate manner in which the appellant’s trial in this matter was conducted and of the numerous factual misdirections and inaccurate statements of the law”.
Acting judge M Mhambi concurred with the ruling.
Jolwana said: “It is clear from the record that the court embarked on widescale speculation to fill the gaping holes in the evidence tendered by the state.
“Where the analysis of the evidence should have begun, the court went straight to the conclusion of guilt after making transient references to what it called, ‘facts not speculation’.”
Matinise, a former messenger in the office of then health MEC Sindiswa Gomba, was found guilty on charges of fraud, forgery and uttering in relation to the purchase of personal protective equipment (PPE) and sentenced in February 2023 in the Mthatha specialised commercial crimes court.
The charges related to PPE tender fraud to the value of more than R23m.
It was alleged that Matinise forged the signature of the director of supply chain management and awarded a tender to a service provider for the supply and delivery of PPE.
The service provider was to deliver N95 masks to a total value of more than R23m to the OR Tambo district health department offices.
Matinise, from Ilitha, was released from the Wellington correctional centre in Mthatha in September.
I never took any money, so that never frustrated me. What frustrated me was the justice system, which was not fair and just.
— Ayanda Matinise
In a recent interview with the Dispatch, he said he knew he was innocent from the moment he was arrested.
“When I was attending court, I had no problem because I knew I did nothing wrong,” Matinise said.
“I never took any money, so that never frustrated me. What frustrated me was the justice system, which was not fair and just.
“I only blame the justice system, more especially because I was found guilty on sight before the magistrate even convicted me. It was frustrating.
“I raised my sister’s three children, and they are still traumatised.
“Whenever I leave home, they get frustrated. They even decided that when they return from school, I must be home.
“They saw [me] on TV news and in newspapers, accused of millions, but I know nothing about it.
“I lost family members who were dear to me, and I couldn’t attend their funerals. That’s the toll it took on me.
“My trauma was borne out of being sentenced for something I didn’t do.
“In the end, it was found that I did nothing wrong and was released.
“My life was destroyed. I lost everything.
“For the past two years [and] nine months, my family was suffering because I was the breadwinner,” Matinise said.
He said he had not made a decision on the steps that he would take after his release.
“I don’t want anything to do with courts. I’m exhausted. I’m still traumatised by just seeing wardens.
“I’m just glad to be out of that place and getting my life and dignity back. My lawyers will handle all that needs to happen next.
“I appeal to the government to fix the justice system to ensure that innocent people are not sent to jail.
“Many people are languishing in jail for things they didn’t do, and yet people who are implicated in having done wrong things are walking scot-free and being driven around [with] blue lights.”
National Prosecuting Authority spokesperson Luxolo Tyali said: “At the moment, we would not comment on the matter.”
Daily Dispatch
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