File
There has been another delay in the so-called Mandela Funeral funding trial underway in the Bhisho High Court.
Accused number one in the matter, Pumlani Mkolo, a suspended ANC branch chairperson in Buffalo City, is turning to the Constitutional Court after the Supreme Court of Appeal on Friday dismissed his application for leave to appeal.
He is seeking the recusal of the presiding judge in the matter, Igna Stretch, who dismissed his initial application for her to step down.
The National Prosecuting Authority says it is disappointed that the trial cannot resume as the state is ready to proceed.
NPA spokesperson, Mthunzi Mhaga, said the matter was postponed on Tuesday to 1 August.
"After the Supreme Court of Appeal dismissed their petition against Judge Stretch's refusal to recuse herself, Mkolo indicated today that they have filed an appeal to the Constitutional Court which will be opposed by the state and therefore the trial could not resume," he said.
Mhaga said the delays were disappointing as the matter will now only resume on 1 August.
“It is unfortunate that the matter cannot proceed because they are exercising their right to explore this legal avenue and approach the apex court.
The accused in the trial are charged with, among others, fraud, money laundering, and contravention of the Municipal Finance Management Act.
They include Mkolo, former EC Health MEC, Sindiswa Gomba, former Buffalo City Mayor, Zukiswa Ncitha and her ex-Deputy, Themba Tinta and former BCM Speaker, Luleka Simon-Ndzele.
