INLSA
Jabulani Mabaso
Sharika Regchand
sharika.regchand@inl.co.za
THE Pietermaritzburg High Court yesterday took a tough stance on businessman Jabulani Mabaso for attempting to delay his trial. He was sent to jail and it was ordered that his R1-million bail be forfeited to the State.
Judge Gregory Kruger found that Mabaso, who claimed he had no money to fund his trial, had failed to show that his non-appearance in court last Monday was not his fault.
The judge ruled that he remain in custody until the start of his fraud and corruption trial which was now adjourned to January 28 next year. If Mabaso failed to secure funds to pay for his legal fees, a legal aid attorney would be appointed to represent him and if he refused, he should conduct his own defence.
Judge Kruger granted him leave to appeal against the ruling and agreed to listen to a fresh bail application tomorrow.
Mabaso is charged along with the Education Department’s ex-chief financial officer, Bosman-Zulu. It is alleged that he defrauded the department of R200 million by forging and inflating invoices from stationery suppliers, while Bosman-Zulu authorised payment in return for kickbacks. She allegedly received R200 000.
When the trial was supposed to start last week, neither Mabaso nor Pam Bosman-Zulu turned up in court prompting the judge to issue warrants of arrest. The next day, Bosman-Zulu arrived in court along with her attorney Naren Sangham, who explained that he had diarised the wrong date. Although Judge Kruger accepted the explanation, he warned Bosman-Zulu that she would be jailed until the trial resumed if she failed to appear in court when required in future.
Speaking on behalf of Mabaso yesterday, his attorney Rudi Krause said his client indicated that he had been informed by a prosecutor, while in court for a separate application for some of his forfeited funds to be released to pay for his trial, that it would start on March 12.
Judge Kruger was dissatisfied with the explanation, saying his registrar had contacted Krause prior to the court date and he had indicated he had not been instructed.
The judge found it improbable that Krause and Mabaso had not liaised about the trial date. He said that Krause had tried to mislead the court while Mabaso had created his own misunderstanding, “if indeed there was one”.
Taking into account Mabaso’s failure to appear in court on one occasion last year, the judge said he believed he was “deliberately trying to delay the… trial”.
For clarity on the question of Mabaso’s defence, the matter was adjourned to July 30.
In 2009, Mabaso’s assets – which included about R4m and several vehicles and houses – were placed under the control of a court-appointed curator until the outcome of his criminal trial.
Applications brought by Mabaso for the release of funds were unsuccessful.
