High-profile case struck from the court roll amid delays

Update

GEORGE NEWS - The high-profile fraud case involving former officials of the South Cape TVET College, as well as a company, was struck from the court roll in the Plettenberg Bay Commercial Crimes Court on Monday 11 March - despite involving 12 accused and charges amounting to R24m.

This development came after delays in finalising representations submitted by one of the accused, Andreas Khulekani Ngubeni, and the company Inyameko Construction cc, which he represents.

Previous reports from the Hawks said it was alleged the accused, as a director of a company, had colluded with other bidders to manipulate the quote system.

He allegedly overquoted to enable the other bidder to be considered for the tender. The deliberate act became a criterium for the elimination of his company.

According to Eric Ntabazalila, spokesperson for the National Prosecuting Authority, Ngubeni and his company had submitted formal requests on 18 September 2024 for the charges against them to be withdrawn.

"Although a report was submitted by the prosecutor on 11 October, his supervisor raised further queries that had not yet been resolved by the time the matter returned to court," said Ntabazalila.

After repeated postponements, including one to allow the prosecutor more time, the magistrate declined a further delay on 11 March and struck the case off the roll - even though the remaining 10 accused had not made any representations and were prepared to proceed.

The Director of Public Prosecutions has since expressed serious concern over the matter being struck off and has called for a comprehensive report.

"The case is now being prioritised for review, with efforts under way to have it re-enrolled as soon as possible," says Ntabazalila.

The accused - including former college CEO Luvuyo Lennox Ngubelanga and former CFO Zukiswa Monica Ziqu - were charged with corruption, fraud and theft relating to alleged tender manipulation and misappropriation of funds between 2009 and 2014.

According to Bulelani Bans, legal representative for Ngubeni and his company, they had submitted representations after perusing the docket.

He says upon the State receiving these representations, it required further investigation in order for it respond appropriately.

"I requested that the State provisionally withdraw the matter, conclude the necessary investigation, and then re-enrol it," said Bans.

"However, the State refused to do so. We then formally placed the State on terms per Section 342A of the Criminal Procedure Act - the section dealing with unreasonable delays in concluding a criminal matter."

This notice was issued before 11 March. "By the time we returned to court on 11 March, the situation remained unchanged.

"The State had still not responded to our representations. As a result, we proceeded with an application to have the matter struck off the court roll."

Luvuyo Lennox Ngubelanga was the CEO of the South Cape College at the time of the alleged fraud.Previous articles: