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Former Deputy National Police Commissioner Bonang Mgwenya in court.
- The prosecutor in the blue lights affair says the state is ready to proceed with the trial.
- The defendants include former Acting National Police Commissioner Kgomotso Phahlane, former Deputy National Police Commissioner Bonang Mgwenya and former Gauteng Deliwe de Lange Police Commissioner.
- They are facing charges of fraud, corruption, theft and money laundering related to a 191 million rand tender to equip 1,500 police vehicles with blue lights.
As attorneys representing former high-ranking police officers and a businessman allegedly linked to the SAPS fraudulent multi-million dollar blue light tender fight to get the matter dropped, the state says it is ready to proceed with the trial.
The defendant appeared Tuesday in Commercial Crimes Court at Palm Ridge Magistrates Court.
The trial was scheduled for November 16 to December 10, but since then the court has heard a request from lawyers representing the defendants, including a private company owned by businessman Vimpie Phineas Tlalefang Manthata, News24 previously reported.
The lawyers requested that the matter be removed from the registry, claiming that the delays and postponements of the State indicated that it was not ready to proceed.
The defendants are Manthata, his company Instrumentation for Traffic Law Enforcement, former Acting National Police Commissioner Kgomotso Phahlane and former Deputy National Police Commissioner Bonang Mgwenya.
READ | Blue Light Tender Case: Attorneys Representing Phahlane, Mgwenya, And Others Want The Matter Dismissed
The other defendants are former Gauteng Deliwe de Lange Police Commissioner Ramahlapi Mokwena, James Ramanjalum, Lettie Napo, Thomas Marima, Joseph Mulaiwa, Judy Rose and Samantha Andrews.
They face 392 charges, including fraud, corruption, theft and money laundering related to a 191 million rand tender to equip 1,500 police vehicles with blue lights.
Mgwenya was recently fired from her post after police management launched a departmental investigation following her court appearance. It was suspended on October 15.
Phahlane’s attorney, Zweli Zakwe, had filed a request in terms of Section 342A of the Criminal Procedure Act, asking the court to investigate delays in the matter that they claimed appeared unreasonable, TimesLive reported.
The lawyer claimed that some items were removed during search and seizure operations carried out on the defendants’ properties.
However, on Tuesday, attorney Tilas Chabalala responded by saying that Phahlane, who is defendant 7 in the matter, “had always been trying to have the case removed from the list.”
“The allegations that the state is delaying the start of the trial and / or making it impossible for the trial to proceed and / or is not ready to proceed with the trial are not supported by any objective evidence,” he said.
READ | Blue Light Tender Fraud: Former Gauteng Chief Constable Opens Perjury Case Against Khehla Sitole
Chabalala said that the state was ready to proceed and show that Phahlane received the reward from Manthata and his company.
He said the state would also show the court the items received as a bonus.
Chabalala said the search and seizure operations at the Phahlane facility were not an “obstacle to the beginning of the trial.”
“The legal representative of the accused 7 [Phahlane] continues to threaten to question the validity of the search. The threat is never fulfilled. Then they turn around and say that the state makes it impossible for them to be ready, and therefore is planning a postponement. “
He said search and seizure operations were necessary for what was discovered while reviewing hundreds of thousands of documents seized during a search conducted on July 15, 2019.
The lawyer added: “It is intriguing that the legal representative of the 13 defendants chose not to say anything about the registry that made the size of the file as large as it is. The admissibility of what was discovered during the October 12 searches 2020 will be decided by the court of first instance. “
Addressing Mgwenya, Chabalala said she was arrested after it was discovered that she “played a significant role in manipulating the specifications.”
READ ALSO | 3 defendants in vehicle scam case ‘also related to blue light investigation’
“The state could not turn a blind eye to the overwhelming evidence of their involvement. The arrest was not intended to delay the start of the trial,” he said.
“The fight against organized, serious and complex crime must not be manipulated without good reason.
“It is very clear in the judicial file that there have been opposition to postponements of the case since the day it was charged. [Phahlane] He joined as a defendant in this process, “he said.
The matter was postponed until December 9.
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