13 hours ago
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 In a stunning turn, Defence Attorney Piet du Plessis, who represents Phahlane, called for the charges to be withdrawn entirely, stating that the State had repeatedly failed to meet even the most basic requirements for a fair trial.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As the proceedings spiralled further, Du Plessis and other legal representatives demanded that the charges be withdrawn and the matter struck from the roll until the State could demonstrate full preparedness.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.
