The Magistrate in the R24 million fraud trial against Nelson Mandela Bay's City Manager, Noxolo Nqwazi, and her co-accused have turned down an application to recuse herself as the presiding officer in the case.
The defence brought the application before the court based on perceived bias and after what they called a failure on the part of the state to provide full disclosure on the case docket.
Nqwazi is charged alongside suspended Human Settlements head Mvuleni Mapu, ANC regional secretary Luyolo Nqakula, and former DA councillors Mbulelo Manyathi, Trevor Louw, and Neville Higgins.
The business owners are Xolani Masela and his wife, Nwabisa (Thuthiko Logistics), their daughter Nonpumezo Ngotsha in her capacity as the director of Thuthiko Logistics, and Morne van der Linde of HT Pelatona Projects (PTY) LTD.
The accused are charged with fraud, money laundering, corruption, and contravening the Municipal Finance Management Act (MFMA).
In delivering her judgment in the Spesialised Commercial Crimes Court on Thursday, Magistrate Vuziwe Mnyani said that the attempts made by the court to speed up the obtaining of the documents had in her view not failed.
She disagreed with the submissions by the defence that her conduct gave rise to any bias.
"I don't think that the state deliberately did not give the defence the dockets.
"It is unfortunate that my endevours to protect the rights of the accused to a fair trial have been misinterpreted to be biased."
Mnyani added that it was in the interest of the public that the matter be resolved by the court speedily.
The case was postponed to the 31st of October.
On this day, an appropriate date for the continuation of the trial will be arranged.
