‘You are misleading the court': Magistrate Ramlal slams State as blue lights fraud trial collapses again

IOL News

12 hours ago

At the heart of the confusion is accused number three, whose role in the case has changed without explanation. He was initially said to have confessed, but no written confession was ever filed. He was then removed from the charge sheet and quietly reclassified as a potential State witness, raising serious concerns about coercion and procedural misconduct.
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The long-running tax fraud trial linked to the SAPS 'blue lights' scandal fell into fresh disarray on Thursday at Palm Ridge Magistrate's Court, with Magistrate Ashika Ramlal sharply criticising the National Prosecuting Authority (NPA) and accusing the State of misleading the court.
At the heart of the confusion is accused number three, whose role in the case has changed without explanation. He was initially said to have confessed, but no written confession was ever filed. He was then removed from the charge sheet and quietly reclassified as a potential State witness, raising serious concerns about coercion and procedural misconduct.
Things worsened on Thursday when accused number nine, Thomas Marima, arrived in court late and without proper legal representation. Marima only met his lawyer for the first time during the court break. Magistrate Ramlal was visibly frustrated, accusing the State of using Marima's lack of counsel as a tactic to delay the trial again.
'You are misleading the court if you say you are ready for trial,' Ramlal told lead prosecutor Richard Chabalala. 'This is why South Africans are losing trust in the NPA.'
The magistrate concluded that the State may not be ready to proceed and issued a firm directive: by 1 July 2025, the State must ensure all accused persons are provided with a complete and accurate charge sheet and that they fully understand the charges against them.
'You were hoping to use number nine's lack of representation as a way to secure another postponement,' she added.
Defence lawyer Piet du Plessis, representing former acting police commissioner Kgomotso Phahlane, was equally critical earlier in the week.
'It's 2025, and the State still doesn't have a valid charge sheet for a case that began in 2018,' he said. 'After 40 minutes, the prosecutor couldn't produce a single legally sound version.'
The original charge sheet — dating back to 2021 — was signed by Herman Cronje, who left the NPA the same year. That version listed James Ramanjolam as accused number three. In the latest version, Ramanjolam is no longer included — yet his signature remains on some documentation.
Du Plessis and other attorneys argue that altering a charge sheet prepared by a former official without submitting it to IDAC (Investigating Directorate Against Corruption) head Andrea Johnson for re-approval is procedurally improper and potentially fraudulent.
These discrepancies have triggered calls for a formal investigation into the NPA's handling of the matter. When questioned in court, Prosecutor Chabalala admitted the errors were his responsibility, blaming 'oversights' in formatting and printing. Legal experts say such explanations fall short for a corruption case of this magnitude.
Some accused individuals claim they were harassed or pressured to testify against others, raising additional concerns over fairness. Several have seen charges dropped and later reinstated, including Major General Ravi Pillay, former SAPS Head of Procurement. Businessman Vimpie Manthata and his company — listed as accused one and eight — have experienced the same back-and-forth.
At the centre of the case is an alleged R19 million VAT fraud connected to Instrumentation for Traffic Law Enforcement, a company owned by Manthata. Bookkeeper Judy Rose is accused of facilitating the fraudulent claims, which form part of a broader R191 million SAPS procurement scandal involving emergency 'blue lights' equipment.
The trial was expected to proceed this week, with SARS officials scheduled to testify. But the continued confusion over documents and legal representation brought proceedings to a halt once again.'This is just another example of a high-profile corruption case falling apart due to poor planning, weak prosecution, and basic legal missteps,' one legal observer commented.
Magistrate Ramlal has now set 1 July as a non-negotiable deadline. 'All the accused must receive a complete charge sheet, and all must understand what they are being charged with—no more excuses,' she said.
The matter is due back in court on 15 July 2025. But unless the State resolves its ongoing procedural failures, this already seven-year-old trial risks collapsing entirely.