Judgement in the high-profile fraud trial clearing three former executives at the Eastern Cape Development Corporation (ECDC) has strengthened pervasive perceptions in the province that Premier Nosimo Balindlela’s government is using state machinery to purge individuals loyal to former premier Makhenkesi Stofile and provincial African National Congress deputy chairperson Enoch Godongwana.
Last Tuesday, former CEO of the ECDC Mcebisi Jonas, property development director Don McClean and finance director John Cerff were found not guilty of fraud relating to the sale of the three-star Mpekweni Resort near Port Alfred in April last year.
The province had accused them of misrepresenting details in the sale of the resort to a consortium called Silver Charm Investments for R9,2-million when other bidders were allegedly set to pay more.
“It is only right and fitting to pronounce that there is not a shred of evidence even remotely implicating the accused in the commission of this offence,” said Judge Dayalin Chetty in his 99-page judgement in the East London High Court on Tuesday.
He strongly criticised the state’s evidence, based on a 120-page forensic report, for demonstrating “a complete lack of objectivity. The entire edifice of the state case was based on a forensic report which is severely wanting,” said Chetty. “Why and for what reason it was obtained I need not speculate on. Suffice it to say that it was ill considered. The result of this is that the three accused were hauled before a court of law where their integrity was denigrated and their honesty was sought to be impugned.”
The provincial government’s efforts to remove Jonas, Cerff and McClean from the ECDC began in September last year when provincial minister for economic affairs, environment and tourism AndrÃ