KIMBERLEY – A magistrate in the Kimberley Magistrates’ Court has issued a stern ultimatum to the state: Finalise the indictment against former Northern Cape ANC heavy-weight John Block and his co-accused, or the high-profile corruption case will be struck from the roll.
The warning from Magistrate Lance Roach follows two contentious court sessions held over the past month aimed at addressing persistent delays in a matter that has spanned more than a decade.
The case centers on the construction of the Kimberley Mental Hospital, a project that has become a symbol of state-tender irregularity. Originally budgeted at R230 million with a two-year timeline in 2003, the facility took 15 years to complete. By its 2019 opening, costs had spiralled to over R2 billion.
Beyond the financial fallout, the project has a grim human cost. A Medical Ombud investigation previously found evidence of gross negligence at the facility, where some patients reportedly died of exposure. Despite the massive capital investment, the hospital remains only partially operational due to severe staffing shortages.
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At the heart of the criminal charges which include fraud, money laundering, and corruption is a R51 million payment. The state alleges a series of systemic failures. Babereki Consulting Engineers was allegedly awarded contracts for structural and civil engineering despite not employing a single registered engineer at the time, a direct violation of the Professional Engineering Profession Act. It is alleged that Block (former MEC) and Patience Mokhali (former HOD) authorized the R51 million payment despite the company failing to meet basic requirements. Investigators claim the accused operated without a valid contract from the Department of Roads, Transport, and Public Works.
The investigation, which the Hawks began in 2013, has unmasked a history of structural failures. Forensic reports show that 33 buildings on the site underwent 250 design changes, leading to constant demolition and reconstruction.
Babereki Consulting Engineers was according to newspaper reports also linked to the Northern Cape Legislature building, which was declared unsafe in 2016 and required R35 million in emergency repairs.
Defence counsel Herholdt Robertson, representing four of the accused, has filed for a permanent stay of prosecution in the High Court on behalf of three of his clients, citing “unreasonable delays”.
It is legally and procedurally unacceptable for the state to have already provided two indictments without the matter being transferred to the High Court. In South African criminal procedure, there is no legal provision for a “provisional indictment”. Once an indictment is served, the matter must be transferred to the higher court for trial; yet, in this instance, the prosecution continues to delay.
Key documents originally gathered by the now-defunct Scorpions unit have reportedly disappeared.
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He further noted that it is a case of malicious prosecution. Consequently, he indicated that he is considering an application under Section 18 of the Criminal Procedure Act to challenge the state’s right to proceed after such an extensive and prejudicial delay. This means the state generally loses the right to prosecute a person if too much time passes after the crime was committed. Under Section 18, certain serious crimes never prescribe. The state can prosecute these at any time, even 30 or 40 years later. These include murder, rape or compelled sexual assault, kidnapping, human trafficking, genocide Crimes against humanity, and war crimes and corruption (under certain circumstances related to the POCA or PRECCA acts).
He also supports the other accused application to have the matter struck from the roll.
State Advocate Naome Manaka argued she was caught off guard by these applications citing a prior agreement to transfer the case in February. The indictment is ready and the matter trial ready.
Roach postponed the matter to February 17, with the explicit instruction that a final indictment must be produced.
