The Rustenburg Magistrates' Court has postponed the case against Sello Michael Makhubela (45), Obakeng Glen Mokgale (39) and Orebotse James Tlale (40) to 28 September 2023 for consultation and disclosures with a new legal attorney, before the matter is transferred to the Specialised Commercial Crimes Court for trial. 

Mokgale and Tlale are former employees of the Rustenburg Local Municipality and are charged with four counts of fraud. Makhubela, who is a service provider, together with his company, are also facing the same charges.

These charges relate to a tender which was awarded by the Rustenburg Local Municipality, for high mast lights to be installed at the Kanana phase 2 and Robega phase 2, in Rustenburg. 

The attorneys who previously represented them withdrew on record on yesterday and the three will be represented by one attorney.  The court granted each of them R30 000 bail and they were warned not to interfere with the state's witnesses and to avail themselves for the next court sitting. Mokgale and Tlale were arrested by the Hawks' Serious Commercial Crime Investigation on Wednesday, 19 July 2023 and made their first court appearance on the same day, while Makhubela made his first court appearance on 31 July 2023, after handing himself over to the police.

All procurement processes were duly followed for the tender to be awarded but investigations reveal that the tender was awarded to Makhubela's company that was not compliant, owing to the fraudulent documents that were submitted in order to be awarded the tender. The two were notified of the non-compliance but continued to recommend the tender to be awarded to the said company. Makhubela is said to have also submitted fraudulent invoices amounting to over R1,7-million, for a service that was not rendered. 

The accused continued to sign the procurement documents, pretending to have seen the service that was rendered, for payment to be processed. 

The municipality instituted internal disciplinary processes, which resulted in the dismissal of the two and criminal charges were subsequently registered. Investigations into the matter are completed and the state is ready to proceed with the trial.

The Director of Public Prosecutions in the North West, Dr Rachel Makhari, together with the Provincial Head for Priority Crime Investigation, Major General Patrick Mbotho have lauded the investigation and prosecution team for the arrest of the suspects.