Charges Provisionally Withdrawn Against Former Joburg Mayor Gwamanda in Funeral Scam Case

In a surprising turn of events, fraud charges against former Johannesburg Mayor Kabelo Gwamanda and his co-accused, Mduduzi Zondo, have been provisionally withdrawn. The two appeared briefly in the Protea Magistrate’s Court on Tuesday, where the State cited insufficient evidence as the reason for the withdrawal.

The Allegations

Gwamanda and Zondo were accused of defrauding Soweto residents through a funeral policy scam between 2011 and 2012. The charges included multiple counts of fraud, with allegations that they had exploited vulnerable communities by selling fraudulent funeral policies. Gwamanda, who was arrested in October last year, was released on bail but later dismissed from his position as a member of the mayoral committee for Community Development by new Mayor Dada Morero.

Why Were the Charges Withdrawn?

During the court proceedings, the prosecution revealed that the State did not have enough documents to support their case. According to Gregory Armstrong, the attorney representing Gwamanda and Zondo, the investigation was plagued by disorganization and missing evidence.

“The docket was in such a disorganized state. There were bank statements for incorrect entities, missing documents, and it was impossible for them to put together a case,” Armstrong told Eyewitness News (EWN). He added that the matter was never trial-ready, despite the State having 21 months to gather evidence.

Gwamanda’s Response

Following the court appearance, Gwamanda addressed the media, claiming that the case lacked merit and was politically motivated. “There is no evidence that points to any activities that point to fraud. It is an issue of a politically motivated attack on an individual that is somewhat different from many politicians,” he said.

Gwamanda emphasized the importance of using legal structures to prove innocence or guilt, suggesting that the charges were an attempt to tarnish his reputation. “I don’t know the reason for them to take that kind of posture, but it is important to use the structures available to us to prove either innocence or guilt,” he added.

What’s Next?

While the charges have been provisionally withdrawn, the case is not entirely closed. The State has the option to reinstate the charges if they gather sufficient evidence in the future. For now, Gwamanda and Zondo walk free, but the cloud of suspicion remains.

A Politically Charged Case?

Gwamanda’s assertion that the case was politically motivated raises questions about the timing and intent behind the charges. His dismissal from the mayoral committee and subsequent replacement by Tebogo Nkonkou of the Patriotic Alliance (PA) further fuel speculation about political maneuvering. However, without concrete evidence, these claims remain allegations.

The provisional withdrawal of charges against Kabelo Gwamanda and Mduduzi Zondo highlights the challenges of prosecuting complex fraud cases, especially when evidence is lacking or disorganized. Whether the case was politically motivated or simply poorly investigated, it underscores the need for thorough and transparent legal processes. As the State considers its next steps, all eyes will be on whether justice can be served—or if this case will fade into obscurity.

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