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While hundreds of Mthatha people joined the anti-illegal immigration protests around SA on Tuesday morning, King Sabata Dalindyebo Local Municipality mayor Nyaniso Nelani and municipal manager Ngamela Pakade appeared briefly in the Mthatha Specialised Commercial Crimes Court on charges relating to fraud amounting to more than R57,000.
Their court appearance came after they were served with summonses by the Mthatha-based Serious Commercial Crime Investigation unit of the Hawks on June 3.
Nelani, 63, and Pakade, 55, were joined in the dock by the municipality’s former CFO Fudumele Eric Jiholo, 63, Nelani’s personal assistant Sibongile Moyi, 49, and Cwenga Songelwa, 41, a former personal assistant to deputy agriculture minister Zoleka Capa.
According to Hawks Eastern Cape spokesperson Warrant Officer Ndiphiwe Mhlakuvana, it is alleged that on January 25 2024, the accused acted with common purpose to defraud the municipality by misrepresenting that Nelani had received an official invitation to attend a back-to-school programme in KwaZulu-Natal.
“The investigation further alleges that an invitation letter was solicited despite the knowledge that no government-sponsored back-to-school programme existed,” he said.
“According to the allegations, the event in question was a political party manifesto rally rather than an official government programme.
“It is further alleged that, following a telephonic request, an invitation letter bearing what is suspected to be the forged signature of the deputy minister was generated and transmitted.
“The letter was allegedly used to create the false impression that the mayor’s attendance constituted official municipal business.”
Believing the invitation was genuine, the municipality allegedly processed and financed the mayor’s travel and accommodation, resulting in financial prejudice exceeding R57,000, Mhlakuvana said.
The accused were released on warning and the matter was postponed to July 10 to allow the state to disclose the contents of the docket to the defence.
Acting Eastern Cape Hawks head Brigadier Fernando Luis commended the investigating team and reiterated the unit’s commitment to investigating allegations of fraud and the unlawful use of public resources without fear, favour or prejudice.
NPA spokesperson Luxolo Tyali said the accused had been served with summonses and were not arrested before appearing in court.
According to the charge sheet, Capa’s signature was stored electronically for efficiency whenever authorisation was granted.
Songelwa, who was Capa’s private secretary, allegedly compiled and sent the invitation letter despite not having the authority to make commitments on behalf of the deputy minister.
Moyi allegedly phoned Songelwa and instructed her to prepare the invitation letter.
Nelani, Pakade and Jiholo also face charges under the Municipal Finance Management Act for allegedly failing to take reasonable steps to prevent unauthorised, irregular or fruitless and wasteful expenditure.
Pakade and Jiholo allegedly approved funding for Nelani’s trip to KwaZulu-Natal.
The Dispatch reported last year that the UDM in the KSD council, led by chief whip Raymond Knock, had opened a fraud case against Nelani.
On Tuesday, Knock welcomed the developments but said: “We will only be happy when there is a verdict for the [alleged] crime.
“We are happy that at least there is movement.”
He said he hoped the ANC would remove Nelani now that he had been formally charged.
The Dispatch reported in June that Nelani and Pakade had written to the council requesting financial assistance after they were served with summonses.
Municipal spokesperson Sonwabo Mampoza confirmed on Tuesday that both requests had been rejected.
Cogta MEC Zolile Williams said: “The MEC would like to allow law enforcement agencies to play their role unhindered.
“The courts must be allowed to make a determination without fear or favour.
“Municipal councillors including mayors, speakers and chief whips are advised to take serious consideration of these developments as these may be lessons for the future.”
Attempts to obtain comment from the ANC provincial leadership were unsuccessful by the time of publication.
Daily Dispatch