‘Accountability must follow' – charges withdrawn against Fort Hare forensic investigator
The National Prosecuting Authority (NPA) has withdrawn controversial fraud charges against a former lead forensic investigator contracted to the University of Fort Hare, where she uncovered evidence of massive wrongdoing.
In a media release on Friday, Luxolo Tyali from the NPA said there had been a decision to separate the University of Fort Hare fraud, corruption and money laundering case into five legs. They will be allocated to five Regional Court Magistrates presiding in the East London Specialised Commercial Crimes Court.
'The five legs, which involve 21 accused, who are University of Fort Hare employees, service providers, and their business entities, have now been separated after finalisation of charge sheets, and each magistrate will arrange trial dates with the respective legal representatives.
'Nine of the accused were university employees who, together with service providers and their companies, are accused of having colluded in the awarding of tender contracts at UFH in return for gratifications.
'More than R172-million was paid by UFH to the service providers, with the bulk allegedly finding its way into the pockets of the accused university employees. The conclusion of these tenders was allegedly associated with violent acts, including murder, at the university,' Tyali said.
He said the decision to withdraw charges against forensic investigator Sarah Burger came after 'lengthy engagements' between the complainant (University of Fort Hare), the Eastern Cape prosecution team and Burger's legal representatives.
Previously, Tyali said the case against Burger and her business partner and owner of Horizon Forensics, Bradley Conradie, was before the court because the NPA 'had evidence linking them to crimes'.
'If they have evidence of political motivation, they can make representations to the Director of Public Prosecutions or escalate it to the National Director of Public Prosecutions,' he said at the time of the arrest.
On Friday, Tyali said: 'The decision to separate the case into different legs with tailored prosecution strategies for each will expedite and simplify the prosecution of this complex and multifaceted case, which covers charges ranging from fraud and corruption to murder.'
On Sunday, Burger said: 'While I am relieved that justice has finally prevailed, the entire saga has been a harsh and costly lesson marked by immense personal and professional destruction. This is a trauma that cannot be undone.'
She said that 'accountability must follow for every cog that aided in this process. Formal complaints have been lodged and acknowledged'.
'If the NPA and the SAPS are truly committed to restoring public trust, they must uphold due process, act within the bounds of the law and respect the rule of law at all times. More importantly, they must respect fundamental constitutional rights, which are rights meant to be enjoyed by all,' she said. 'Without this, no citizen will be safe.'
She said she would assist the defence team of her business partner, Conradie.
Burger became involved in the investigation at Fort Hare in 2019 and was the lead investigator who put together a docket of information pointing a finger at alleged academic fraud by Eastern Cape Premier Oscar Mabuyane.
Conradie previously said he and Burger believed their arrests were linked to their handing over evidence to the Hawks relating to Mabuyane.
These allegations had previously been put to Mabuyane, but he failed to respond. In papers before court, he has described the investigation against him as malicious. He also successfully managed to have himself excluded from an initial investigation by the SIU into academic fraud.
However, in October 2024, President Cyril Ramaphosa signed an amended proclamation that widened the SIU's investigation, which could now conceivably include Mabuyane.
In what Burger and Conradie described as 'an unnecessarily dramatic show', they were arrested on 28 March by about 24 members of the National Task Force and the National Intervention Unit.
Burger spent five nights in holding cells before the State agreed to grant her bail. DM
Try Our AI Features
Explore what Daily8 AI can do for you:
Comments
No comments yet...
Related Articles
IOL News
8 hours ago
- IOL News
NPA's strategies to combat gender-based violence and restore public trust
Minister of Justice and Constitutional Development, Mmamoloko Kubayi, announced the National Prosecuting Authority's strategy, which aims to encourage victims of gender-based violence to report crimes and to restore public confidence in the legal system, especially in light of recent high-profile acquittals. Image: Ntswe Mokoena / GCIS The National Prosecuting Authority (NPA) is implementing a wide-ranging, victim-centric strategy to ensure that high-profile acquittals do not deter victims of gender-based violence (GBV) from reporting cases or seeking justice. In light of public concerns regarding the effectiveness of prosecuting GBV and high-profile crimes, particularly after the acquittal of Pastor Timothy Omotoso despite serious allegations and years of trial, Justice and Constitutional Development Minister Mmamoloko Kubayi revealed this information. In response to parliamentary questions from the EFF's Sixolisa Gcilishe, Kubayi addressed concerns about how the department prevents high-profile acquittals from discouraging GBV victims from coming forward. Kubayi said the NPA acknowledges public concerns and the potential wider implications for prosecuting GBV and other high-profile cases following Omotoso's acquittal. Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Advertisement Video Player is loading. Play Video Play Unmute Current Time 0:00 / Duration -:- Loaded : 0% Stream Type LIVE Seek to live, currently behind live LIVE Remaining Time - 0:00 This is a modal window. Beginning of dialog window. Escape will cancel and close the window. Text Color White Black Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Background Color Black White Red Green Blue Yellow Magenta Cyan Transparency Opaque Semi-Transparent Transparent Window Color Black White Red Green Blue Yellow Magenta Cyan Transparency Transparent Semi-Transparent Opaque Font Size 50% 75% 100% 125% 150% 175% 200% 300% 400% Text Edge Style None Raised Depressed Uniform Dropshadow Font Family Proportional Sans-Serif Monospace Sans-Serif Proportional Serif Monospace Serif Casual Script Small Caps Reset restore all settings to the default values Done Close Modal Dialog End of dialog window. Next Stay Close ✕ 'The NPA has publicly expressed disappointment at the recent judgment on the Omotoso matter, but cautioned against using one matter to undermine the trust and confidence of victims of GBV in our criminal justice system. Instead, it has emphasised its well-established victim-centred approach to dealing with victims of GBV with a track record that spans more than 20 years,' Kubayi said. 'Through these comprehensive, integrated, and survivor-focused strategies, the NPA is determined to prevent high-profile acquittals from undermining public trust or deterring victims from coming forward. The goal is to continuously build public confidence that the criminal justice system takes GBV seriously and is fully committed to delivering justice for survivors.' Key interventions include: Delivery of GBV public awareness campaign: The NPA is actively working to promote reporting of GBV and restore confidence in the system, through extensive public awareness campaigns, community-specific interventions, and collaboration with civil society and survivor advocacy groups. 'The NPA, driven by the Sexual Offences and Community Affairs (SOCA) Unit, completed 853 campaigns from April to December 2024 in the 2024/2025 financial year,' Kubayi said. Expansion of Thuthuzela Care Centres (TCCs): The NPA aims to expand integrated, survivor-centric services by establishing more TCCs nationwide, offering extensive pretrial services, including psycho-social support, medical treatment, and legal services to GBV victims. 'Currently, there are 66 TCC sites located in rural, urban and peri-urban communities nationally,' Kubayi said. Prosecutor-Guided Investigations (PGI): By enhancing the implementation of PGI, prosecutors are directly involved in guiding investigators from the earliest stages to ensure that GBV cases are properly built, evidence is secured, and procedural missteps are avoided, minimising the risk of acquittals due to avoidable errors. Specialised Training: Prosecutors undergo continuous training to ensure sensitivity and effectiveness in handling GBV matters. Continued Victim Support: Increase the number of Court Preparation Officers to ensure their availability at all courts. This will enable them to adequately prepare victims and witnesses, fostering a secure and supportive environment that promotes full participation in the criminal justice process. Policy Directives for Prosecutors: The NPA has amended its directives relating to Sexual Offences and Domestic Violence to align with recent amendments to GBV legislation. These directives offer clear, binding instructions to prosecutors on managing GBV cases. Serial Rapist Prioritisation Initiative: Launched in 2023, this initiative focuses on fast-tracking the prosecution of cases involving identified serial rapists across all provinces. Teenage Pregnancy Prioritisation Initiative: Introduced in 2024, this initiative addresses teenage pregnancies by ensuring that cases involving children below the age of consent are promptly reported, thoroughly investigated, and prosecuted. DNA Prioritisation Initiative: Implemented in October 2020, this initiative has focused on reducing the DNA testing backlog in sexual offence cases. 'By prioritising DNA evidence, prosecutors, together with the SAPS Forensic Science Laboratory, have facilitated the finalisation of 60,518 reports to date, significantly improving turnaround times in GBV-related prosecutions,' Kubayi said. Community Prosecution Initiative: The NPA has established community prosecution capacity in all divisions to tackle crime through localised, community-specific solutions. There are 50 community prosecution sites nationwide, with 26 specifically dedicated to addressing GBV.
The South African
12 hours ago
- The South African
Malema: 'EFF has never been in the pockets of criminals'
EFF leader Julius Malema firmly denied that criminals have captured the Economic Freedom Fighters. Speaking on Saturday at the party's 3rd Central Command Team meeting of the 3rd National People's Assembly in Bela-Bela, Limpopo, Malema said the EFF has consistently been at the forefront of demanding accountability from the state. The Central Command Team is the EFF's highest decision-making body between the National People's Assemblies. According to IOL , Malema criticised President Cyril Ramaphosa for allegedly failing to act on warnings from the National Prosecuting Authority (NPA). He said the EFF called for an inquiry after NPA head Shamila Batohi claimed 'sinister forces' had captured the institution. 'It was the EFF that wrote to the president, demanding an inquiry into Batohi's claims. Instead of acting, he coerced her into withdrawing her remarks, calling it a misuse of language,' Malema said. Malema also pointed to the EFF's 2024 parliamentary motion to establish an ad hoc committee to investigate extortion rings targeting businesses and residents. He said the ANC, DA, and IFP, which govern the provinces worst hit by extortion, the Eastern Cape, Western Cape, and KwaZulu-Natal, rejected the proposal. 'Extortionists and criminal syndicates celebrated that day, as their political protection worked in their favour,' Malema said. Malema praised KwaZulu-Natal Police Commissioner Lieutenant General Nhlanhla Mkhwanazi for exposing the links between criminal cartels and political figures. 'It took Mkhwanazi breaking ranks for the truth the EFF has always spoken to finally be taken seriously,' he said. Malema reiterated that the EFF remains independent. 'We have never been and will never be in the pockets of criminals. When we gave other parties the chance to stand against crime, they refused,' he said. Malema reaffirmed his support for Mkhwanazi and said the EFF would welcome him to join the party if he loses his position in the SAPS. Let us know by leaving a comment below, or send a WhatsApp to 060 011 021 1 Subscribe to The South African website's newsletters and follow us on WhatsApp, Facebook, X and Bluesky for the latest news.
Daily Maverick
21 hours ago
- Daily Maverick
Makana Municipality faces allegations of fraud and corruption over missing R2.6m water pump
The Makana Local Municipality lost a valuable asset meant to help supply much-needed water. This week marked three years since the Makana Local Municipality in Makhanda, Eastern Cape, paid more than R2.6-million for a mysteriously missing water pump. On Thursday, 31 July, the Makana council was set to discuss efforts to find the pump, which is crucial to provide water to residents of the iconic university town. Lungile Mxube, a councillor for the Makana Citizens Front, laid a charge of fraud and corruption against the municipal manager and the mayor last week over the 'loss' of the pump and related political manoeuvring that followed. Part of his complaint was that they had failed to recoup the municipality's losses for the pump. Makhanda has two major sources that provide water to the town. One of them, a dam in Howieson's Poort, has a pump station that ideally needs three pumps, but only had two. Then, in July 2022, one of them was sent in for a service and never returned, or a new one was ordered and never supplied – nobody is quite sure what happened – despite the municipality making a payment of R2.6-million under a service level agreement with the supplier, Manco Business Enterprise in East London. The municipality's former director of infrastructural services and engineering, Asanda Gindana, was fired in November 2023 for paying for the pump that disappeared, among other things. She approached the Local Government Bargaining Council in November 2024 to argue that she had been unfairly dismissed, and the municipality was ordered to pay her R634,000 in damages. Gindana didn't testify at this hearing. She had been charged with the unlawful payment of R2.6-million to Manco Business Enterprise for the supply and installation of one of the Howieson's Poort water pumps without doing due diligence. But even during this legal action the municipality took against her, there was no evidence explaining what had ultimately happened to the pump. One of the contested points was the question of whether the payment was for goods received or a service, and whether it was a prepayment or not. Searching in vain Jay Kruuse from the Public Service Accountability Monitor said he wished there was 'concrete evidence' that could be used to find the pump. 'There were allegations that a supplier was withholding the release of a pump as they had not been paid for repairs to another pump, but whether the missing pump is one and the same remains to be established,' Kruuse said. Phone calls to Manco Business Enterprise, based in Sterling Street in East London, went unanswered and emails that had been used by its directors during the tender process bounced back. Mxube has now asked the Hawks to step in. In an affidavit explaining his opening a case against the municipal manager, Pumelelo Kate, and executive mayor Yandisa Vara for contravening the Municipal Finance Act, he writes: 'It is reported that, on or about 25 July 2022, the former director of the Infrastructure and Engineering Department allegedly and wrongfully facilitated a payment of R2.694.029.63 to a private company known as Manco Business Enterprise for the supply, installation and delivery of a water pump to the Makana Local Municipality. 'I asked the accounting officer [Kate] a question as to whether the money was paid to a private business and whether a pump was delivered, and if it was delivered, where it is stationed, so that I can do an in loco inspection to assess its condition. 'The accounting officer confirmed on record that indeed, the amount mentioned was paid and no pump was delivered and no explanation was given as to why the pump was never delivered.' Mxube said Vara, municipal officials and Manco Business Enterprise should be charged for fraud and corruption over the missing pump. 'Both the accounting officer and mayor as the political head are responsible for this unlawful, irregular, wasteful, fruitless and reckless spending which resulted in Makana Municipality having incurred an unlawful expenditure of over R3.2-million. 'This total of irregular, wasteful and fruitless expenditure payments breaks down as the amount of R2,694,029.63 that was unlawfully paid to a private business company … and an amount of R634,696.25 being the damages awarded by the Bargaining Council for the unlawful termination of the former director's employment contract,' Mxube adds in his affidavit. 'Lost control of pumps' Emeritus professor Philip Machanick said the Makana Business and Residents' Association also applied for information on the missing pump, and the other pumps used by the municipality for potable water, but never received a straight answer. He said at first the municipality just ignored the application, and the association had to threaten it with contempt of court proceedings to get answers. The municipality did not answer all its questions and still did not say where the missing pump could be, but it also became alarmingly clear, Machanick explained, that Makana was also not in full control of the other pumps in its possession and could not accurately say where they were. 'These are major assets. It is not like putting down your cellphone and forgetting where you put it. You can't just lose a thing like that,' he added. Machanick said the window for the municipality to bring civil proceedings against Manco Business Enterprise was closing because of a legal prescription allowing only three years to take steps to recover money. 'When we ask the municipality,' Machanick said, 'it claims the case is sub judice, but until today we have not seen court papers or anything like that showing that it is trying to get back the money paid for the pump.' He added that the case was with the Hawks now and said the association believed it had a strong case. The Makhanda community has been experiencing a severe water crisis for more than a decade, stemming from a combination of ageing infrastructure, financial mismanagement and drought. Residents have faced prolonged water shortages, inconsistent supply and contaminated water due to the municipality's struggles to maintain and upgrade its water systems. The Makana Local Municipality did not respond to a request for comment or questions about whether it knows where the missing pump is. DM This story first appeared in our weekly Daily Maverick 168 newspaper, which is available countrywide for R35.
