By Libuseng Nyaka
QWAQWA-Defence lawyer Makhosi Radebe representing municipal manager Futhuli Mothamaha in the corruption , fraud and contravention of the municipal finance management act believes evidence will exonerate his client when trail resumes.
This after Phuthaditjhaba Magistrate D. Kettledas released Mothamaha on bail of R500 000,00 on Friday August 05,2022 on conditions he does not enter municipality office, hands over his passport and does not interfere and intimidate witnesses. He is expected to be back on September 30,2022.
Radebe, who expressed relief that his client was released , disclosed that they are yet to sit and consider some of the conditions to be contradicting the Constitution.
“We will wait for our client to give us instruction on what to do regarding those conditions, but our views should be looked into. As his legal team we have made peace with the bail amount of R500 000 even though we were not expecting it .This amount shows the seriousness of the charges municipal manager is facing.
“We are satisfied to have been granted bail today. During the bail application , as defence lawyers, we do not have access to the documents that the states has .The State say they have a strong case according to the investigations and evidence they have. We only know what our client’s responses are on what has happened to the matter of Kill Crime .I can guarantee you that there is no corruption and fraud on his side as municipal manager, some of the decisions has to take. This encompasses some of his obligations in terms of section61 0f MFA.”
Radebe was responding to the State’s view that it has a strong case against municipal manager of Maluti-a-phofung local municipality.
The spokesperson of national Prosecuting Authority (NPA)in Free State Phaladi Shuping said the state has a strong case against Mothamaha.
“We are convinced that there is a case to answer, and the decision is made on the fact that there is evidential material that was presented to us by investigating officer.
“The evidence is convincing against three people and one company accused. They have a case to answer, hence we put the matter on the roll. With regard to the bail, we were never intending to oppose his release on bail and we accept the decision by court to release him on bail of amount of R500 000,considenring the amount of money involved in these allegations. As the state , we are hoping he will abide by all his bail conditions, and think the one that is more important is the fact that he is no longer allowed to go within the premises of the municipality while the matter is still on the court roll.”
Mothamaha appeared before Phuthaditjhaba magistrate court after handing himself to police on Tuesday August 02,2022.
According the NPA,the alleged crime was committed by Mothamaha on 19 May 2020 when he awarded contract of R58 million to the Kill Crime without advertising the tender.