A court application in the Kimberley Magistrates’ Court to strike the fraud case against former Northern Cape ANC leader John Block (56) and two others from the roll, was rejected on Thursday, 8 February.
Arguments were also heard about the costs the accused must pay the state for copies of the docket. According to a source, the costs for the copied documents are R54 000. Hard copies of the building plans of the Kimberley Mental Hospital cost R900 000, and soft (electronic) copies cost R200 000. The accused must share the costs.
This comes two days after arguments were heard in an unrelated defamation case against Block in the Kimberley High Court. Former judge president Frans Kgomo is suing Block and his former attorney for R1,5 million each after they allegedly defamed him in Block’s criminal trial in 2016.
On Thursday, 8 February, he appeared in person, whereas before he appeared on a video link from the Upington Correctional Services. He was alongside Patience Mokhali (65), former provincial department head of the Department of Public Works and Roads, of which Block was allegedly the MEC at the time, and Tshegolekae Motaung (59) and his company, Babareki Consulting Engineers.
Mokhali is also charged with violations of the Public Financial Management Act. The allegation is that the contract for the Kimberley Mental Hospital was fraudulently awarded to Babareki Consulting Engineers as structural and civil engineer, and to do the project management at the hospital. Block and Mokhali awarded the R51 million contract even though the company did not meet the requirements.
When the hospital was built in 2003, it was vowed that the building complex would be completed within two years at R230 million. After 15 years and several delays in which sections were demolished and rebuilt, the building was finally opened at a cost of R2 billion. Only certain sections are used due to a staff shortage.
Block who previously said he wanted to apply for Legal Aid, has since appointed Lulama Lobi as his attorney. Lobi argued they had a problem with the state insisting that they pay for the copied documents and building plans.
“It is 50 boxes of documents, a bakkie load,” he said.
Block had an issue with paying the prosecution for the copies. As an accused, he is entitled to copies of the docket.
State advocate Sazile Gesi said the state only supplies documents for free to accused making use of Legal Aid. Block, who now has a private attorney, must pay for the documents like his co-accused. The copies will be made available as there is no legal requirement that it must be provided for free.
Magistrate Kubashni Padayachee ruled that Block, through his attorney, must pay for the hard copies.
In his application to have the “serious and complex” matter struck from the roll, Kabelo Matee argued on behalf of Mohkali and Motaung, that the investigation has been dragging for almost 20 years.
A cloud of suspicion has been hanging over the accused’s heads ever since. They were only arraigned in 2023. Mokali suffers from depression and had to seek psychological treatment. Motaung’s name has been dragged through the mud and he is unable to get any government contracts. He is the sole breadwinner and his family suffers. The witnesses are also being affected by the delays.
Gesi argued there were no delays, and the state is ready to proceed. The investigation is complete, and the case will be transferred to a higher court. The application is premature.
Padayachee rejected the application and remanded the case to 5 April.
