The defence made an application for the case to be struck off the roll.
The magistrate overseeing the University of Fort Hare (UFH) fraud and corruption case has chosen to recuse herself from the proceedings.
The Dimbaza Magistrate’s Court was expected to hear the bail applications of 12 suspects on Wednesday, but the matter was derailed by unexpected events.
Magistrate recusal
During court proceedings, the accused’s lawyers made an application requesting the recusal of Magistrate Nontuthuzelo Sontlaba from the bail hearing.
They cited conflict of interest for their application, claiming that they presided over previous bail matters related to the alleged criminal activities at the Eastern Cape-based university.
Sontlaba agreed to recuse herself since the state did not object to the defence’s request.
However, before the magistrate could appoint another presiding officer, the defence made another application seeking to have their case thrown out of court.
According to the provincial National Prosecuting Authority (NPA), the defence has contended that the Dimbaza Magistrate’s Court did not have jurisdiction over the case.
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They argued that the warrants of arrest for all the accused had to be brought before the East London Magistrate’s Court instead.
“She agreed to recuse herself, but then before she could even set a date for the next magistrate to take over the case, the defence made an application for the matter to be struck off the roll because they say the warrants are defective,” NPA Eastern Cape spokesperson Luxulo Tyali told The Citizen on Wednesday.
Tyali confirmed that the state was opposing such an application, with the magistrate expected to deliver a ruling on the matter at 12pm on Thursday.
“She’s going to have to make a ruling because the defence made that application to her even though they say she doesn’t have jurisdiction,” he continued.
UFH suspects bail
The police arrested 15 people in various provinces over the Easter weekend and are facing a string of charges ranging from fraud to corruption to racketeering.
The suspects—Isaac Plaatjies, Anna Smith, Paul Tladi, Lucrecia Davids, Mbulelo Gingcana, Loius Mawila, Nozuko Mabombo, Gosain van der Haar, Thamsanqa Sonjica, Terrence Joubert, Bradley Conradie, Sarah Burger, Craig Retief, Anwar Khan, and Nthabiseng Makhoba—all appeared in court on Tuesday.
Only Burger and Van Haar are out on R50 000 bail with several conditions after the state did not oppose their release.
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Meanwhile, Plaatjies abandoned his bail application after it had been previously rejected.
He has been in custody ever since his arrest in November 2023.
All the individuals have been accused of defrauding UFH to the tune of R171 million.
The charge sheet reportedly places Plaatjies at the centre of the alleged corrupt network within UFH.
The university’s director of investigations and vetting services, along with other officials, allegedly received cash in kickbacks through security contracts.
Fort Hare murders
In a separate case, Plaatjies and his nine co-accused, including Bongani Peter, Sicelo Mbulawa, Wanini Khuza, Mthobisi Khanyile, Mthobisi Dlamini, Lindokuhle Manjati, Zimele Chiliza, Phelisa Nkonyeni, and Thamsanqa Mgotyana, all face two counts of murder, three counts of attempted murder, reckless discharge of a firearm, theft of a motor vehicle, and unlawful possession of firearms and ammunition.
Peter, Mbulawa and Khuza are additionally charged with fraud.
The charges are related to the murders of UFH vice-chancellor Sakhele Buhlungu‘s bodyguard, Richard Mboneli Vesele, and the university’s former fleet manager, Petrus Roets.
Vesele and Roets were both shot dead in January 2023 and May 2022, respectively.
It was previously alleged that a R5 million reward was offered to kill Buhlungu after UFH started clamping down on corruption.
