Mental hospital accused to be sent for psychiatric observation

A FORMER company director who was arrested in connection with the multibillion-rand Northern Cape Mental Health Hospital case will be sent for psychiatric observation.

The defence for Edward Charles Pullen Petzer, 89, who was arrested in Cape Town by the Hawks on May 28, indicated that he is “frail” and has been diagnosed with dementia and Alzheimer’s disease.

During court proceedings in the Kimberley Magistrate’s Court on July 30, Petzer had to leave midway to use the bathroom due to an “urgent need that could not wait”.

Petzer appeared virtually, while his co-accused — the former Public Works MEC and former ANC provincial chairperson John Block; Tshegolekae Motaung, a director of Babereki Consulting Engineers; former heads of the Department of Public Works Patience Mokhali, Motlalepula Elias Selemela and Ruth Palm; former co-directors of Babereki Consulting Engineers Lourencia Crause and Louis Adriaan van Niekerk; and engineer Lucky Moyahi — were present in court.

The accused requested more suitable seating arrangements, stating that they were squashed into the dock.

They are facing charges of fraud, corruption, money laundering, and contraventions of the Public Finance Management Act (PFMA) relating to a R51 million tender that was awarded in 2005 for the construction of the hospital.

Legal representative Herholdt Robertson submitted that the case should be struck off the roll as the charges against his clients were 20 years old.

“Mokhali, Motaung and Block have been in and out of court since 2023, while the State is still not ready. The case can continue with the rest of the accused. In February 2024, the State claimed to be trial-ready, while 18 months later, more accused were added to the charge sheet,” said Robertson.

He also expressed frustration that an application for an investigation into the undue delays in the case had not yet been addressed by the court.

State advocate Naome Manaka, from the Specialised Commercial Crimes Unit, blamed the accused for delaying the case and maintained that the prosecution was ready to proceed.

She added that time was needed to organise the logistics for Petzer to undergo a one-day psychiatric evaluation to determine if he is fit to stand trial.

“The case cannot proceed until a medical report is compiled on his mental ability."

Manaka argued that the accused could not be separated from the trial.

Magistrate Kubashni Padayachee postponed the matter until August 12 to allow for arrangements to be made as to when and where Petzer would undergo psychiatric observation.

The remaining accused are expected to reappear in the Kimberley Magistrate’s Court on October 6.