Disarray in court as State fails to produce charges in high-profile SAPS fraud case
The case, which includes former acting police commissioner Kgomotso Phahlane, businessman Vimpie Phineas Manthata, and bookkeeper Judy Rose among the accused, was meant to proceed with evidence from SARS officials.
The high-profile tax fraud trial tied to the SAPS 'blue lights' corruption scandal descended into chaos at the Palm Ridge Magistrates' Court today, after the prosecution failed to produce a valid charge sheet, despite claiming to be ready for trial.
The case, which includes former acting police commissioner Kgomotso Phahlane, businessman Vimpie Phineas Manthata, and bookkeeper Judy Rose among the accused, was meant to proceed with evidence from SARS officials.
Instead, it was marked by confusion, missing documentation, and fierce courtroom arguments. In a stunning turn, Defence Attorney Piet du Plessis, who represents Phahlane, called for the charges to be withdrawn entirely, stating that the State had repeatedly failed to meet even the most basic requirements for a fair trial.
'We are in 2025, and the State still does not have a charge sheet for a 2018 case. After 40 minutes of flailing, the prosecutor was still unable to produce a single valid charge sheet,' said Du Plessis.
Tensions reached a boiling point when it was revealed that three different charge sheets had been circulated, none of them complete, and all riddled with discrepancies.
The court had previously adjourned multiple times over the last few months due to procedural issues, but today's proceedings drew sharp criticism from all defence attorneys present. The presiding magistrate, clearly frustrated, confronted the State directly, asking the lead prosecutor whether, 'in light of the law,' he believed the matter was truly trial-ready.
The prosecutor hesitated—then argued that the case was ready for trial. Adding to the disorder, one of the accused, referred to as 'Accused No. 9', remained without legal representation. The State attempted to push forward regardless, arguing that the absence of counsel for one accused should not halt the proceedings, as charges can be separated.
The defence disagreed, pointing out that such a move would violate the constitutional rights of the individual and taint the fairness of the entire trial.
As the proceedings spiralled further, Du Plessis and other legal representatives demanded that the charges be withdrawn and the matter struck from the roll until the State could demonstrate full preparedness.
All defence teams agreed that the ongoing procedural failures made a fair trial impossible. Despite the State's earlier insistence that it had long been ready, Monday's session revealed the opposite. The prosecutor admitted, in response to questions from the magistrate, that several errors in the charge sheet were his own.'It was an oversight on my part; numbering and printing were the problem'
The case centres around allegations of R19 million in tax fraud, linked to irregularities during the 2018/2019 tax year involving 'Instrumentation for Traffic Law Enforcement, a company owned by Manthata. Rose, employed as a bookkeeper, is accused of playing a key role in the alleged fraud. The charges are closely tied to the broader R191 million SAPS corruption investigation involving the irregular procurement of emergency blue light equipment.
According to Investigating Directorate spokesperson Henry Mamothame, the State had planned to continue with evidence from SARS officials this week.
That now hangs in limbo. The case will resume on Thursday, though it's unclear if the State will be able to rectify its documentation problems in time.
The chaos in court has drawn criticism from legal experts and observers alike, many of whom see the debacle as emblematic of deeper challenges facing South Africa's justice system, particularly in high-level corruption cases.
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The Star
3 hours ago
- The Star
Disarray in court as State fails to produce charges in high-profile SAPS fraud case
The high-profile tax fraud trial tied to the SAPS 'blue lights' corruption scandal descended into chaos at the Palm Ridge Magistrates' Court today, after the prosecution failed to produce a valid charge sheet, despite claiming to be ready for trial. The case, which includes former acting police commissioner Kgomotso Phahlane, businessman Vimpie Phineas Manthata, and bookkeeper Judy Rose among the accused, was meant to proceed with evidence from SARS officials. Instead, it was marked by confusion, missing documentation, and fierce courtroom arguments. In a stunning turn, Defence Attorney Piet du Plessis, who represents Phahlane, called for the charges to be withdrawn entirely, stating that the State had repeatedly failed to meet even the most basic requirements for a fair trial. 'We are in 2025, and the State still does not have a charge sheet for a 2018 case. After 40 minutes of flailing, the prosecutor was still unable to produce a single valid charge sheet,' said Du Plessis. Tensions reached a boiling point when it was revealed that three different charge sheets had been circulated, none of them complete, and all riddled with discrepancies. The court had previously adjourned multiple times over the last few months due to procedural issues, but today's proceedings drew sharp criticism from all defence attorneys present. The presiding magistrate, clearly frustrated, confronted the State directly, asking the lead prosecutor whether, 'in light of the law,' he believed the matter was truly trial-ready. The prosecutor hesitated—then argued that the case was ready for trial. Adding to the disorder, one of the accused, referred to as 'Accused No. 9', remained without legal representation. The State attempted to push forward regardless, arguing that the absence of counsel for one accused should not halt the proceedings, as charges can be separated. The defence disagreed, pointing out that such a move would violate the constitutional rights of the individual and taint the fairness of the entire trial. As the proceedings spiralled further, Du Plessis and other legal representatives demanded that the charges be withdrawn and the matter struck from the roll until the State could demonstrate full preparedness. All defence teams agreed that the ongoing procedural failures made a fair trial impossible. Despite the State's earlier insistence that it had long been ready, Monday's session revealed the opposite. The prosecutor admitted, in response to questions from the magistrate, that several errors in the charge sheet were his own.'It was an oversight on my part; numbering and printing were the problem' The case centres around allegations of R19 million in tax fraud, linked to irregularities during the 2018/2019 tax year involving 'Instrumentation for Traffic Law Enforcement, a company owned by Manthata. Rose, employed as a bookkeeper, is accused of playing a key role in the alleged fraud. The charges are closely tied to the broader R191 million SAPS corruption investigation involving the irregular procurement of emergency blue light equipment. According to Investigating Directorate spokesperson Henry Mamothame, the State had planned to continue with evidence from SARS officials this week. That now hangs in limbo. The case will resume on Thursday, though it's unclear if the State will be able to rectify its documentation problems in time. The chaos in court has drawn criticism from legal experts and observers alike, many of whom see the debacle as emblematic of deeper challenges facing South Africa's justice system, particularly in high-level corruption cases.
Daily Maverick
4 hours ago
- Daily Maverick
Supreme Court of Appeal's verdict on Nulane case exposes flaws in prosecution and judicial oversight
The performance of the National Prosecuting Authority (NPA) has been a longstanding point of concern, with criticisms focusing particularly on the lack of successful prosecutions in cases arising from the era of State Capture. The implications of failings in the NPA, and the resultant lack of public confidence in the justice system, have serious implications for the rule of law. Political parties have frequently made calls for the resignation of the National Director of Public Prosecutions, advocate Shamila Batohi, despite her tenure coming to an end in 2026. One of the headline cases cited to demonstrate the shortcomings of the NPA is the so-called Nulane case. Multiple accused were tried in the Free State Division of the High Court but were discharged under section 174 of the Criminal Procedure Act. This provision allows for an accused to be found not guilty if there is no evidence at the end of the State's case on which the accused could be convicted. The State reserved several questions of law (a procedure that provides for the very limited circumstances under which the State may effectively appeal in criminal cases), and the Supreme Court of Appeal (SCA) has now handed down a judgment that has significant implications for the justice system in general. The case arose from a public-private partnership that had been intended to generate income through farming, manufacturing, and infrastructure expansion in rural areas of the Free State. Prosecutors alleged that a process followed where public funds were fraudulently extracted from the Free State Department of Agriculture and Rural Development, with funds being laundered through various Gupta-associated companies. No tender process Nulane Investments was appointed, without a tender process, to conduct due diligence and feasibility studies relating to the scheme. But the evidence was that it did not render services to the department, instead subcontracting the services at a cost of just over R1-million, while receiving almost R25-million. Several accused were charged with offences of contravening the Public Finance Management Act, fraud, and money laundering, only to be discharged by the high court. The SCA, however, decided most of the reserved questions of law in favour of the State. It found that the judge in the high court had made the 'disturbing finding' that had been 'central to the entire case' that the State's case had been 'abortive from the start' due to shortcomings in the authentication of key documents. The judge, the SCA found, had failed to look at the totality of the evidence, and had 'closed her mind to the evidence adduced by the State'. The shortcomings in the high court's judgment continued. The SCA found that the judge had applied the wrong legal test in applying the common purpose doctrine; admitted documents into evidence and then ruled them inadmissible; misapplied the rules on the admission of documentary evidence; and misinterpreted and misapplied key provisions of the Criminal Procedure Act. The SCA found the acquittal on one of the counts of fraud 'baffling' and was unequivocal in concluding that the high court had 'made numerous errors of law that resulted in the acquittal of the respondents'. As the SCA points out, the offences in question involved the misuse of public funds that subverted the aims of the project, which undermined 'the functionality of democratic institutions' and endangered the rule of law. The trial in the high court constituted 'a failure of justice' that 'erodes public confidence in the criminal justice system'. The SCA ordered that the accused could be retried for the offences of which the high court had acquitted them. The case provides some degree of vindication for the embattled NPA, although there remain several other cases where questions have been raised about the effectiveness of its prosecutions. Just one example is the recent decision, again from the Free State, where the high court ruled that the extradition of former Free State premier Ace Magashule's former personal assistant, Moroadi Cholota, from the United States was unlawful. Cholota and Magashule are among those accused of fraud and corruption relating to a R255-million contract for the removal of asbestos roofs in the townships in the Free State. And it of course remains to be seen how the State's case will fare as and when the Nulane trial resumes. Role of the judiciary But the SCA's findings do shift attention on to the role of the judiciary. Thus far, judges have largely escaped criticism for prosecutorial failures, which have largely been attributed to failures by the NPA and the police. The SCA's scathing findings about the high court judgment raise serious questions about the judge's handling of the case, and invite scrutiny of the role of judges in these cases. An intriguing element of the context to these cases was a previous request by the Free State Director of Public Prosecutions for the asbestos case to be heard by a judge from outside the province. The request was rejected by the leadership of the Free State High Court, but the SCA decision in the Nulane case may reawaken questions about the allocation of judges to hear these cases. This is particularly so since the high court judge in Nulane, who came in for such criticism by the SCA, was an acting judge. The SCA's finding revives concerns that such a high profile case should rather have been presided over by a permanent, and, by implication, more experienced judge. The use of acting judges is a regular feature of the South African judicial system, and many of our high courts would be unable to deal with their vast caseloads without the support of acting judges. But the Nulane decision provides a salutary reminder that the allocation of judges to such cases is a highly consequential decision, and one that will no doubt be carefully considered as and when the case resumes. DM
IOL News
7 hours ago
- IOL News
Disarray in court as State fails to produce charges in high-profile SAPS fraud case
The case, which includes former acting police commissioner Kgomotso Phahlane, businessman Vimpie Phineas Manthata, and bookkeeper Judy Rose among the accused, was meant to proceed with evidence from SARS officials. The high-profile tax fraud trial tied to the SAPS 'blue lights' corruption scandal descended into chaos at the Palm Ridge Magistrates' Court today, after the prosecution failed to produce a valid charge sheet, despite claiming to be ready for trial. The case, which includes former acting police commissioner Kgomotso Phahlane, businessman Vimpie Phineas Manthata, and bookkeeper Judy Rose among the accused, was meant to proceed with evidence from SARS officials. Instead, it was marked by confusion, missing documentation, and fierce courtroom arguments. In a stunning turn, Defence Attorney Piet du Plessis, who represents Phahlane, called for the charges to be withdrawn entirely, stating that the State had repeatedly failed to meet even the most basic requirements for a fair trial. 'We are in 2025, and the State still does not have a charge sheet for a 2018 case. After 40 minutes of flailing, the prosecutor was still unable to produce a single valid charge sheet,' said Du Plessis. Tensions reached a boiling point when it was revealed that three different charge sheets had been circulated, none of them complete, and all riddled with discrepancies. The court had previously adjourned multiple times over the last few months due to procedural issues, but today's proceedings drew sharp criticism from all defence attorneys present. The presiding magistrate, clearly frustrated, confronted the State directly, asking the lead prosecutor whether, 'in light of the law,' he believed the matter was truly trial-ready. The prosecutor hesitated—then argued that the case was ready for trial. Adding to the disorder, one of the accused, referred to as 'Accused No. 9', remained without legal representation. The State attempted to push forward regardless, arguing that the absence of counsel for one accused should not halt the proceedings, as charges can be separated. The defence disagreed, pointing out that such a move would violate the constitutional rights of the individual and taint the fairness of the entire trial. As the proceedings spiralled further, Du Plessis and other legal representatives demanded that the charges be withdrawn and the matter struck from the roll until the State could demonstrate full preparedness. All defence teams agreed that the ongoing procedural failures made a fair trial impossible. Despite the State's earlier insistence that it had long been ready, Monday's session revealed the opposite. The prosecutor admitted, in response to questions from the magistrate, that several errors in the charge sheet were his own.'It was an oversight on my part; numbering and printing were the problem' The case centres around allegations of R19 million in tax fraud, linked to irregularities during the 2018/2019 tax year involving 'Instrumentation for Traffic Law Enforcement, a company owned by Manthata. Rose, employed as a bookkeeper, is accused of playing a key role in the alleged fraud. The charges are closely tied to the broader R191 million SAPS corruption investigation involving the irregular procurement of emergency blue light equipment. According to Investigating Directorate spokesperson Henry Mamothame, the State had planned to continue with evidence from SARS officials this week. That now hangs in limbo. The case will resume on Thursday, though it's unclear if the State will be able to rectify its documentation problems in time. The chaos in court has drawn criticism from legal experts and observers alike, many of whom see the debacle as emblematic of deeper challenges facing South Africa's justice system, particularly in high-level corruption cases.
