Defence applies to have Kimberley mental hospital case struck off the roll

THE DEFENCE in the multibillion-rand Kimberley mental hospital trial has applied for the case to be struck off the roll, citing "prejudicial delays".

The accused include former MEC for Public Works John Block; former HODs for the Department of Public Works Patience Mokhali, Elias Selemela and Ruth Palm; Tshegolekae Motaung, a director of Babereki Consulting Engineers; and former co-directors Lourencia Crause, Louis Adriaan van Niekerk, and Winston Moyahi.

They appeared in the Kimberley Magistrate’s Court on Monday, June 2.

Co-accused Edward Charles Pullen Petzer, a former director at Babereki Consulting Engineers who was arrested in Cape Town on May 28, was absent due to illness.

The charges relate to a R51 million tender awarded to Babereki Consulting Engineers CC in 2003 for structural, civil engineering, and project management work on the Kimberley Mental Health Hospital construction project.

Block, who was the MEC for Transport, Roads and Public Works at the time, is also a former ANC provincial chairperson.

Supporters wearing ANC regalia were seen in the court corridors during this week’s proceedings.

The accused are facing several charges, including fraud, corruption, money laundering, and contraventions of the Public Finance Management Act (PFMA).

The legal representative for Crause, Van Niekerk and Moyahi, Herholdt Robertson, believed that new accused persons were charged in order to derail the application brought to have the matter struck off the roll. 

Advocate Brad Osborne, representing Mokhali and Motaung, indicated that the State had misrepresented to both the court and the accused that the matter was trial-ready. 

“Two years after my clients were charged, more accused were suddenly added to the charge sheet.” 

He added that 16 months later, all the State had produced was an indictment.

“It is nothing but a bundle of papers. The court is being held hostage by the State.”    

Osborne requested that Petzer be allowed to appear virtually from Cape Town.

Legal representative Lulama Lobi pointed out that Block had also previously submitted an application for the matter to be struck off the roll.

State advocate Naome Manaka, from the Specialised Commercial Crimes Unit, argued that the matter could not be struck from the roll for some accused while new ones had just been added.

National Prosecuting Authority regional spokesperson Mojalefa Senokoatsane said the accused had also applied for an inquiry into whether there had been any undue delays in the case.

“The state is ready to proceed,” said Senokoatsane. 

He added that the State had requested a report on Petzer’s health. 

He pointed out that delays were also caused due to Block claiming that he was not able to afford to pay for “a room full of documents”. 

“His application for legal aid was rejected.” 

Magistrate Kubashni Padayachee postponed the matter until July 16. 

All the accused are out on bail.