PORT ELIZABETH, April 4 (ANA) – Sentencing proceedings were brought to a halt on Monday for two senior police officials who were previously found guilty in the Port Elizabeth Commercial Crimes Court on charges of fraud and defeating the ends of justice.
The matter was postponed as it emerged that one of the men fired his attorney and had now appointed new legal representation who needed to obtain instructions.
Lieutenant-Colonel Mabelandile Erica Mlilwana, a Branch Commander of the Crime Investigation Division of Kwanobhule in Uitenhage, was found guilty earlier in February on two counts of fraud and one count of defeating or obstructing the administration of justice. He was subsequently acquitted of an additional count of fraud.
According to the state, Mlilwana, pretended to police officials that he was unable to testify in another member’s disciplinary hearing during October 2010.
Mlilwana’s reason for him being unavailable was that he had to testify in his official capacity as a police officer in a criminal court case in Mount Frere.
However, upon investigation it was determined that that particular case had been finalised in March 2006.
A warrant officer subsequently laid a complaint of fraud against Mlilwana, claiming that the top cop had made a misrepresentation to the Disciplinary Committee regarding the fact that he had to testify in a criminal court case that had been finalised years before.
During July 2011 Mlilwana approached a detective at the Mount Frere Detective Branch and convinced him to furnish a fake affidavit that indicated he had traveled to Mount Frere for the case which had already been finalised.
Similarly, during January 2010, Mlilwane traveled to East London and Mount Frere and claimed for a travel and subsistence allowance from SAPS, noting that he had made the journey to testify in a court case.
However, upon investigation, it emerged that the court case had also previously been finalised, in September 2009.
The second senior police official in the matter, Colonel Malefane Mapena, a Station Commissioner of Kwanobhule SAPS, was previously found guilty of defeating or obstructing the administration of justice.
According to the state, at the time of the investigation, Mapena had refused to hand over the original log books for the SAPS vehicle Mlilwana had utilised.
Mapena ordered the Investigating Officer, Colonel Andre Horak, to leave his office and subsequently the log books disappeared.
After firing his lawyer, Mapena is now being represented by attorney Ryno Scholtz.
The case was postponed until April 21.
– African News Agency (ANA)
