Bid to have new judge in Mandela funeral fraud case fails again

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The Constitutional Court has refused leave to appeal for the presiding judge to recuse herself in the Mandela fraud scandal case.

The application was made by former African National Congress (ANC) DR WB Rubusana Regional Chairman, Phumlani Mkolo to have Judge Igna Stretch recuse herself from the case citing a certain level of bias and having a pre-conceived judgment.

Mkolo and 11 others are accused of being part of the alleged embezzlement of R10 million from the Buffalo City Metro during the memorial and funeral of former president Nelson Mandela in 2013.

The other co-accused include former Health MEC Sindiswa Gomba, NCOP member Zukiswa Ncitha and former Buffalo City Metro Speaker Luleka Simon-Ndzele.

The matter will be back in the Bisho High Court on August 1 for the commencement of a trial.

National Prosecuting Authority (NPA) Spokesperson Mthunzi Mhaga welcomed the ruling.

He says, “We can confirm on the 22nd of July 2022 the Constitutional Court refused leave to appeal, which was lodged by Mr Mkolo in respect of the Mandela funeral case. We welcome the ruling by the Constitutional Court and we will focus on the 1st of August 22, the matter does proceed. We will lead the evidence in order to lead the charges against the accused.”

In May, the application for leave to appeal the decision of Judge Stretch to not recuse herself from the Nelson Mandela funeral scandal case was dismissed in the Eastern Cape High Court in Bhisho.

VIDEO: Below is the previous court proceeding that took place in May: