A key state witness has disappeared in the R74m land deal corruption trial, leading to charges of corruption, theft and money laundering being dropped against former state security minister and ANC MP Bongani Bongo.
Yesterday, state prosecutor Adv Henry Nxumalo told the Nelspruit commercial crime’s court at the beginning of the trial that the witness cannot be found. This led to the state withdrawing corruption and money laundering charges against Bongo and all charges against his brother dropped.
Bongo now faces a charge of failing to combat criminal activities when he was director of the department of human settlements' legal services.
The accused are facing trial for colluding to defraud the Mpumalanga department of human settlements of millions of rand.
Bongo was the department’s head of legal services in 2011 when the accused allegedly colluded to inflate the prices of two farms purchased on behalf of the department.
The farm owners allegedly only received a portion of the funds the department paid, with the accused apparently pocketing the remainder.
Nxumalo told the court the missing witness was believed to be overseas: “Before we proceed your worship, let us deal with the matter in regards to accused number nine [Sipho Bongo]. One of the key witnesses in the case cannot be found or traced. We are told he is out of the country, therefore the state has no choice ... it has to withdraw the charges against accused 9.”
Magistrate Deon van Rooyen agreed that Sipho’s charges must be dropped.
The accused include Bongo’s ex-wife Sandile Nkosi, Robert Burwise, Patrick Donald Chirwa, Harrington Dhlamini, Singwane, David Boy Dube (former HOD of human settlements), Vusi Willem Magagula, Bongani Louis Henry Sibiya, Elmon Lawrence Mdaka and Sibongile Mercy Mdaka.
They are charged alongside four companies – The Little River Trading 156, Broad Market Trading 204, Bongiveli and Pfuka Afrika.
The accused were arrested by the Hawks in October 2020 on 69 charges of money laundering, theft, corruption, fraud and contravention of the Public Finance Management Act (PFMA).
Just before the charges were withdrawn against Sipho, Nxumalo said Singwane Attorneys deposited two cars – a BMW X5 and a Mercedes Benz AMG – in Sipho’s name but the vehicles were driven by Bongo and Nkosi.
Nxumalo said the charges emanated from illegal land deals, including the purchase of Naauwpoort farm in Emalahleni for R37.5m by the department on behalf of the municipality.
He said farm owner Petrus van Tonder was paid only R15m for the farm from the R37.5m which was paid to Singwane Attorneys’s trust account in their capacity as conveyancer appointed by the department.
Nxumalo said after paying Van Tonder, R22m was deposited to The Little River Trading 156 which is owned by Dlamini, Burwise and Chirwa. “That enabled them to steal the money,” said Nxumalo.
He said Bongo received an amount of R1m through his then wife’s company Kgalema Properties CC.
Nxumalo said: “The accused [Dube] contravened the PFMA by not making sure that the department does its work cost-effectively and that led to the department to suffer a loss of money..
“The accused [Dube] failed to disclose to the department of public service and administration that his salary was not the only source of income. The accused bought an AMG and also traded it in. We believe that the traded AMG was [bought with] proceeds of crime. The accused also bought furniture worth R800,000 cash at the time.”.
The accused all pleaded not guilty when charges were put to them individually.
The trial continues on Tuesday and the state is expected to call its first witness.
newsdesk@sowetan.co.za
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