Drama erupted in the Nelspruit regional court during the appearance of Kaizer Chiefs soccer boss Bobby Motaung and his co-accused, Herbert Theledi and Chris Grib on Monday.
The defence lashed out at the prosecuting team for charging their clients without first investigating the case.
This was after state prosecutor Advocate Pat Nkuna asked for a three-week postponement to allow the National Director of Public Prosecutions to decide whether the latest suspect in the case, Jacob Dladla, should be tried along with the three accused.
“Your worship, I’m disgusted and horrified by the fact that the state wants a postponement on the matter, which clearly shows that they have not done their job,” said Grib’s legal representative Michael Romans. “First, the state promised during the previous court appearance that they will provide us with the content and full docket, but until today that has not been done; we don’t know what we are fighting. In the previous court appearance Nkuna told this court that they are ready for trial, now he is coming to lie in this court.”
Motaung and Theledi face charges of fraud, forgery, theft and uttering relating to the building of the 2010 World Cup Mbombela stadium. Grib faces the same charges, but not theft.
Motaung was represented by Zola Majavu.
The defence agreed to postpone the case but warned that the state must do its job properly.
Magistrate Naomi Engelbrecht postponed the case to October 29 for the state to give the defence full disclosure of the docket.
“The state has to do this in seven days,” said Engelbrecht.
Motaung and Theledi are out on R50 000 bail each, while Grib is out on R20 000 bail.
During their first appearance, Advocate Nkuna told the court that the three accused submitted fraudulent South African Revenue Service documents to win the tender as consultants for the construction of the R1,2 billion Mbombela Stadium.
He said the tax clearance certificates led to them being paid R143 million.
He said the three also approached a bank for an overdraft facility of R1 million using a fake letter from the municipality.
Outside court on Monday, about 200 angry community members shouted as Motaung walked out of the court surrounded by a heavy security contingent of men wearing jackets with Kaizer Chiefs badges.
The protesters tried blocking his vehicle and hurled insults at him while chanting songs against him.
Community members and those from the South African Communist Party, the ANC and Congress of South African Trade Unions held placards demanding Motaung, Theledi, Grib, Mbombela mayor Cathy Dlamini and Premier David Mabuza explain the death of Mbombela municipality speaker Jimmy Mohlala.
The fourth suspect, Dladla, appeared in court separately after the case against the three was postponed.
Mohlala was shot dead on January 4 2009 shortly before he was expected to testify at a hearing against Dladla, who was the Mbombela municipal manager at the time, regarding Dladla’s failure to declare his private business interests with beneficiaries of the 2010 stadium deal, and his role in questionable expenditure involving Lefika.
Mohlala was also reportedly preparing to lodge separate criminal charges against Lefika for sending a letter on a Mbombela letterhead dated 22 December 2008 to First National Bank in Pretoria as surety for an overdraft facility.
Premier David Mabuza has welcomed the arrests and said the people of the province need to know the truth as there had been much speculation about the case.