Former state security minister, Bongani Bongo, has vowed to approach the courts if needs be to fight the ANC's step-aside policy as he believes it’s against the bill of rights.
Speaking to the media outside the Nelspruit magistrate's court where he and 10 others appeared for 69 counts of fraud and corruption, Bongo said he will also apply for representation to have his charges dropped because they are weak.
Bongo appeared in court yesterday along his brother Sipho, Bongo's ex-wife Sandile Nkosi, Robert Burwise, Patrick Donald Chirwa, Blessing Mduduzi Singwane, David Boy Dube, Vusi Willem Magagula, Bongani Louis Henry Sibiya, Elmon Lawrence Mdaka and Sibongile Mercy Mdaka were also arrested by the Hawks in October.
Harrington Sizwakhendaba Dhlamini’s legal representative told magistrate Deon van Rooyen that his client was sick and could not appear in court. The court issued a warrant of arrest for his failure to appear.
Nkosi, Bongo’s former wife, handed herself to the Hawks after she was served with a warrant following investigation that linked her company to the trail of transactions from the land deals. She is alleged to have received R1m from Nsingwane Attorneys.
The accused are collectively facing 69 counts of corruption, fraud, theft, money laundering and contravention of the Public Finance Management Act.
"Between now and January we are going to apply for representation because there’s nothing that links me to these alleged crimes. We will do representation and after which we will apply that it must be struck off the role. I have studied the documents and indictments, there's nothing linking me," Bongo added.
When asked if he had considered stepping aside as per the ANC’s policy, Bongo said he hopes the NEC will appeal against the rule.
“We have an NEC that is starting on Saturday, it’s going to deliberate on the issue of stepping aside. The constitution clearly provides that anyone is innocent until proven otherwise by a competent court of law. So, for our organisation to think that we must be punished because we have been brought to court, is to pre-judge and to punish people.
"So, I think we will have to do things in line with the constitution, I have therefore appealed the decision taken by the NEC. I’m sure my appeal will be entertained on Saturday, after which we will have to look other options, including approaching a court of law to have this thing dealt with differently."
When asked about Dr Setlhomamaru Dintwe’s revelation during the state capture commission that he (Bongo) abused his power, Bongo said Dintwe had alcohol problems when they met in the department.
“I had hoped that the Zondo commission would also call me to give my side of the story, but the only time I met Dintwe it was when there was a complaint against him by the then DG (director general) Arthur Frazer. He crashed state vehicles four times under the influence of liquor, that was the only time I met him. He has an alcohol problem that’s why they were fighting,” Bongo said.
The case was postponed to January next year for plea and trial.
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