The Mthatha
High Court has dismissed an appeal by three ring leaders of the Mthatha-based
Public Assets Community Based Tenants Association (PACTOA) to be released on
bail.
Sicelo
Nkqayi (49), Zamikhaya Songca (39) and Bongani Cikolo (44) have been under police
custody since their arrest on October 10, 2022 by the Directorate for Priority
Crimes Investigation (HAWKS).
They are
facing charges of theft and fraud in relation to invasion of numerous Mthatha
properties owned by the Eastern Cape Development Corporation.
The trio is
alleged to have claimed monthly rentals, amounting to millions of rands, from
tenants for their personal gain.
They unsuccessfully
approached the Mthatha High Court to appeal an earlier ruling by the Mthatha
Magistrate’s Court on December 13 last year, to deny them bail.
“It emerged
during their bail application that they had circulated WhatsApp messages from
custody, telling their members and other tenants to continue paying rent to
them for their legal fees. The state submitted that some tenants, who are
now state witnesses, were allegedly coerced into becoming members of PACTOA
through violence and were fearful of the organisation,” said National
Prosecuting Authority regional spokesperson Luxolo Tyali.
“State
Advocate, Thenjwa Sellem, successfully convinced the court to confirm the
decision of the lower court. The court agreed with the prosecution that
the state has a strong case against the trio, and they had the propensity of
committing other offences,” Tyali added.
PACTOA is
alleged to have targeted ECDC-owned residential and commercial properties in
and around Mthatha, where they made tenants sign lease agreements with the
association and had rentals deposited into their bank accounts, between August
2017 and September 2022.
The matter
was reported to the Hawks in 2019, and investigations revealed that ECDC was
prejudiced cash to the value of more than R40 million.
The trio
made their first court appearance at the Mthatha Magistrate’s Court on October
11, 2022.
The matter was
remanded to April 28, 2023 for the defense to be furnished with docket
contents. The state has indicated that it is ready to proceed with a
trial.
The Mthatha
High Court ruling was delivered on April 5.
