Durban — The case of a 38-year-old man facing fraud charges after allegedly defrauding members of the public of more than R6 million was postponed on Tuesday.
Muziwenhlanhla Elias Cele appeared for a bail application at the Durban Commercial Crime Court last Wednesday following the outcome of an opposed bail application. The matter was adjourned as he required urgent medical attention.
Cele’s attorney, Wesley Rogers, stated last week that it had transpired that Cele suffered from a heart condition and diabetes.
On Tuesday, the case was postponed to Thursday after the State argued that it required more time to read the affidavits, adding that it was unaware that the matter would proceed due to Cele’s illness.
As a result, the prosecutor said that had they been told the matter would proceed they would have made the necessary arrangements to contact the two State witnesses from the Eastern Cape to be present in court.
It further stated that it was essential for the State witnesses to provide the court with the relevant elements of the case before the bail application concluded.
Meanwhile, Rogers said it was unfortunate that the State’s reasoning was only favourable to the applicants while this was an urgent matter.
Judge Garth Davis said the State should at least have made contact with their witnesses to get them virtually or on audio as Correctional consequences of the refusal to attend to Cele’s medical needs fall on to the State.
Davis said the case was urgent enough to be considered on that merit.
According to the court documents, Cele of House Plans Express (Pty) Ltd, Nosipho Mthembu of IHOMZ Civils (Pty) Ltd and Nondumiso Brightness Ngcobo of Big 10 Holdings (Pty) Ltd are facing 67 counts of theft and fraud involving more than R100 000 per count for acting as agents that build houses while not registered with the National Home Builders Registration Council.
They are all charged with fraud, contravention of provisions of the Housing Consumers Protection Measures Act, receiving deposits in contravention of the Banks Act, and contravening the Prevention of Organised Crime Act.
Daily News