In his judgment in the Palm Ridge Specialised Commercial Court on Thursday, 26 October, acting regional magistrate Emmanuel Magampa ruled that a request by the defence in the SAPS “blue lights” corruption case to compel the State to provide transcripts and specifications of witness statements was misplaced, as this could be addressed with the relevant witnesses during the trial.

Former SAPS deputy national commissioner Bonang Mgwenya had attempted to compel the State to provide additional details in the R191-million fraud and corruption case. The matter relates to a contract to supply emergency warning equipment for SAPS in 2016.

The request for further particulars was filed on 1 November 2022 in terms of section 87 of the Criminal Procedure Act (CPA). The State responded to the request; however, the defence was dissatisfied and filed an application to compel the State to provide the additional information. After several postponements, the matter was eventually argued on 31 August 2023.

Mgwenya cited fading memory in her attempts to access the documents, questioning how witnesses could recollect the events that occurred so many years ago. In addition, she was seeking specific details as to the location of the specific acts or conspiracy.

In terms of section 87 of the CPA “an accused may at any stage before any evidence in respect of any particular charge has been led, in writing request the prosecution to furnish particulars or further particulars of any matter alleged in that charge, and the court before which a charge is pending may at any time before any evidence in respect of that charge has been led, direct that particulars or further particulars be delivered to the accused of any matter alleged in the charge, and may, if necessary, adjourn the proceedings in order that such particulars may be delivered”.

Magampa said in his judgment: “This in my view is not the space to advance such arguments. It is only once the witnesses come and testify in line with their statements as disclosed to the defence that their memory can be tested under cross-examination.

“For this reason, the defence cannot use this section to seek clarity on the witness statements or any matter that emanates therefrom. This must be reserved for cross-examination during the trial.”

Concerning the corruption offences Mgwenya faces, the court ruled that the allegations “are as clear as daylight and do not require any further clarification or explanation”.

The matter stems from a contract to supply emergency warning equipment for the police. The contract was worth R191-million, and R65-million was paid to the service provider, Instrumentation for Traffic Law Enforcement (Pty) Ltd.

Mgwenya is accused number 15 on the indictment. The other accused from the police are: former acting national police commissioner Khomotso Phahlane, former Gauteng police commissioner Deliwe de Lange, Gauteng deputy police commissioner Nombhuruza Lettie Napo, retired lieutenant-general Ramahlapi Mokwena, former divisional procurement head brigadier James Ramanjalum, sergeant Maetapese Joseph Mulaiwa, major-general Ravichandran Swamivel Pillay and colonel Thomas Dumasi Marima.

Civilians implicated are Judy Rose, Samantha Andrews and Vimpie Manthata, the owner of Instrumentation for Traffic Law Enforcement.

The accused are charged with a whopping 390 counts of fraud, corruption, theft and money laundering.

Read more in Daily Maverick: R200m later – how SA’s top cops captured police supply chain management for personal financial gain

According to Investigating Directorate spokesperson Sindisiwe Seboka, the case involves a contract awarded corruptly by the SAPS to Instrumentation for Traffic Law Enforcement for the supply and fitment of blue lights and sirens to Gauteng SAPS vehicles.

SAPS officials were allegedly mostly rewarded with cash payments, which in several instances appeared to have covered their monthly expenses, leaving their salaries largely intact.

In July 2022, Phalane and his co-accused unsuccessfully sought to have the case struck off the roll.

The Asset Forfeiture Unit has also seized assets worth R75-million belonging to Phahlane and his co-accused in this case.

The matter is due back in court on 30 January 2024. DM