Man who accused EC premier Oscar Mabuyane of bribery in court

Phadima Fukula ready to defend himself on charge of making false statements

Phadima Fukula, the man who accused Eastern Cape premier Oscar Mabuyane of bribery, is ready to make his case in court.

Speaking outside the East London regional court on Tuesday, Fukula’s attorney Lindela Ngxekana said his client had always been ready to defend himself. Fukula is charged with making false statements in an affidavit, defeating the ends of justice and crimen injuria.

According to the charge sheet, on or about March 30 2021, Fukula unlawfully and intentionally made a false statement in an affidavit under oath to Sgt Nomvuyo Ntapane at or near the Fleet Street police station.

On the same date, it is alleged Fukula unlawfully and with intent to obstruct the course of justice laid a false criminal complaint with the police.

“In support of this, he filed ... a false statement which resulted in an investigation, so defeating or obstructing the administration of justice,” the charge sheet reads.

“In all this, Fukula ... unlawfully and intentionally injured, insulted and impaired Mabuyane’s dignity by making false accusations of corruption against him.”

The Hawks, after realising Fukula’s statements were conflicting, opened a case of perjury against Fukula and a month later, on May 3 2021, Mabuyane opened a case of crimen injuria against him.

Fukula is yet to plead. The case was set down for a pretrial conference on Tuesday after being postponed in October.

Ngxekana had told the court they had briefed advocate Dali Mpofu SC to represent Fukula.

On Tuesday, during Fukula’s brief appearance, prosecutor advocate Louis Sinclair said Mpofu needed to be in court to confirm he had received instructions.

The state filed a notice that the delay was unreasonable and asked that the case be marked final for the presence of Mpofu at the pretrial conference.

Fukula was supported by a dozen MK Party members and later sang with them outside court.

Ngxekana confirmed Mpofu was still on brief.

“We were in court today [Tuesday] for a pretrial conference. That didn’t happen because [Mpofu] was not before court and the court insists pretrial conference has to be done by counsel because there are a number of issues in pretrial conferences — whether you’ve been fully instructed or whether you’ve received the contents of the docket and so on,” he said outside court.

“The matter has been postponed finally ... for counsel. The matter has been delayed several times and the court was not happy about the delays. Counsel was aware that he had to be [here] but he had an emergency. We were sure he’s going to be here ... My client has always been ready to file his plea.

“These delays are frustrating him as well because he has to move between Johannesburg and the Eastern Cape. He has always wanted his day in court to defend himself. He has always been ready. He’s adamant he never did [what he is accused of] and he disputes the charges against him.”

Ngxekana said they were furnished with the charge sheet at the weekend.

The matter has been on the roll for more than a year.

“Even the state was at some point delaying. We don’t want to delay the matter. That is why we didn’t oppose the application. The trial has to start and we’ve been advocating for that.”

In 2023 Mabuyane said he wanted Fukula to reveal in court who his “handlers” were.

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