Picture: for illustration purposes

Magistrate Dismisses Recusal Application in R24m Fraud Trial against Nelson Mandela Bay’s City Manager and Co-accused

Published October 06, 2023
1 years ago

In a striking development, Magistrate Vuziwe Mnyani, presiding over the R24 million alleged fraud case involving Nelson Mandela Bay's City Manager, Noxolo Nqwazi, and eight other co-accused, dismissed an application for her recusal.



The application was submitted by the defence, claiming perceived bias, and failure of the state to provide full case disclosure. Nqwazi is being charged along with suspended Human Settlements head, Mvuleni Mapu, ANC regional secretary Luyolo Nqakula, and former DA councillors Mbulelo Manyathi, Trevor Louw, and Neville Higgins.


Further named in the investigation are Xolani and Nwabisa Masela (owners of Thuthiko Logistics), their daughter Nonpumezo Ngotsha (director of Thuthiko), and Morne van der Linde, affiliated with HT Pelatona Projects (PTY) LTD. Charges levelled against them range from fraud and money laundering to corruption and contravention of the Municipal Finance Management Act (MFMA).



Magistrate Mnyani, in delivering her judgement in the Specilaised Commercial Crimes Court on Thursday, dismissed arguments of purposed non-disclosure by the state as she iterated that documentation-acquisition efforts had not failed. She negated any perception of bias, stating, "It is unfortunate that my endeavours to protect the rights of the accused to a fair trial have been misinterpreted to be biased."


With a view towards the public interest, Mnyani underscored that the case should be speedily resolved by the court. The trial, after deliberation, was postponed to the 31st of October, when a suitable date for continuation will be set.


Leave a Comment

Rate this article:

Please enter email address.
Looks good!
Please enter your name.
Looks good!
Please enter a message.
Looks good!
Please check re-captcha.
Looks good!
Leave the first review