By OBAKENG MAJE
Former North West MEC for Finance, Wendy Nelson has breathed a ‘sigh of relief’ after she was acquitted of fraud by the North West High Court sitting in Mafikeng on Tuesday. Nelson was arrested alongside the former Head of Department (HoD) at the North West Health Department, Dr Thabo Lekalakala.
The two were acquitted on a charge of fraud related to the appointment of Lekalakala to the position of Superintendent-General in the Department of Health, wherein Nelson was chairing the panel during the interview.
The state’s case was that Nelson had knowledge of Lekalakala’s misrepresentation on the job application form (Z83) but went on to recommend him for this senior position to the then North West Premier, Supra Mahumapelo.
“My heart is sore because of my dad who kept asking me if I will be fine. However, he could not be here to experience this. I believe he just sees from the top because he passed away seven months ago and it is painful that I have been vindicated,” she said.
Judge Ronald Hendricks said: “The state failed to prove that the accused unlawfully, forcedly and intentionally defrauded either the North West Department of Health when the then North West Premier, Supra Mahumapelo appointed the accused number one as Head of the Department.
“He did not need requirements to be appointed. So, the state failed to prove the guilt of accused number one beyond any reasonable doubt that he unlawfully and intentionally stole money in the amount of over R7 million from the department of health. No case whatsoever was made out in this regard.”
Hendricks further said consequently, both accused are therefore found not guilty and were discharged on the main count of fraud. He also found not guilty the accused number one and discharged him on the alternative count of theft.
Meanwhile, the National Prosecuting Authority (NPA) regional spokesperson, Henry Mamothamme said they welcome the judgement, however a thorough study of the judgement will be undertaken.
“This process will afford the state time to make an informed decision to establish if there isn’t a need for further action,” he said.
The ANC Interim Provincial Committee (IPC) spokesperson, Kenny Morolong said they welcome the judgement against Nelson. He said Nelson will be incorporated back into the ANC structure.
Nelson was appointed as a member of the ANC IPC in August 2019 and she stepped-aside from her leadership responsibilities earlier this year following her arrest.
“The ANC commends Nelson for her discipline and cooperation at a time when the organisation enjoined her to step aside from her leadership responsibilities so that she can clear her name.
“Whilst the ANC believes in the legal principle of presumption of innocence, we also firmly believe that cadres of the ANC who are formally charged for corruption or other serious crimes must immediately step aside from all leadership positions pending the finalization of their criminal cases,” he said.
Morolong said in the light of this judgment, the IPC officials will formally engage Nelson with a view of re-incorporating her into their formal structures.
He further said they also wish to reaffirm their confidence in the ability of the courts to dispense justice without fear, favour or prejudice.
The Guardian 