The Palm Ridge Specialised Commercial Crimes Court yesterday dismissed a Section 87 application by former SAPS deputy national commissioner, Bonang Mgwenya, to compel the State to provide further particulars in the SAPS R191 million blue lights fraud and corruption matter.
The matter relates to a contract to supply emergency warning equipment to the SAPS in 2016.
Mgwenya is accused number 15 in the main case, State v Ramahlapi Mokwena and 12 others, arraigned on a plethora of charges including fraud, corruption, theft and money laundering, which are in contravention of the provisions of the Public Finance Management Act (PFMA), Prevention of Organised Crime Act, Prevention and Combating of Corrupt Activities Act (Precca), and defeating or obstructing the course of justice.
In his judgment, Acting Regional Magistrate Emmanuel Magampa ruled that the request by the defence to compel the State to provide transcripts and specifications of witness statements is misplaced as this can be addressed with the relevant witnesses during trial.
“As far as the offences of corruption are concerned, the allegations in counts 384, 386 and the various alternatives thereto are as clear as daylight and do not need any further clarification or elucidation. Whatever the applicant needs as contained in paragraph 29 to 44 and 46 to 50, are all matters of evidence,” said Magampa.
The NPA’s Investigating Directorate spokesperson Sindisiwe Seboka confirmed that the matter has been postponed to January 30.
The SAPS was ordered to pay Mgwenya more than R300 000 amid her “substantively and procedurally unfair” dismissal in 2020.