A GAUTENG magistrate has allegedly been caught red-handed taking a bribe to stop the extradition of a witness in Radovan Krejcir's criminal trial.
Yesterday, Midrand magistrate Johannes Kgomo appeared briefly in the Johannesburg Magistrate's Court, where he is facing two charges of corruption.
According to the charge sheet, Kgomo, who is out on R30000 bail, was caught accepting a R150000 bribe during a police sting operation.
His lawyer confirmed that he planned to plead not guilty.
The money was allegedly to persuade another magistrate to make the extradition case of Botswana fugitive Paul Mthabela "disappear".
Mthabela, a state witness testifying against Czech fugitive Krejcir and his five co-accused in a kidnapping, assault, attempted murder and drug dealing case, fled Botswana in 2007 after allegedly defrauding the state medical aid scheme of more than R17-million.
He was nabbed by Interpol in South Africa in March 2011 and was released by the Randburg Magistrate's Court on bail later that month pending his extradition hearing.
As he was leaving court after being granted bail, Mthabela was allegedly approached by Kgomo and an unidentified man in the parking lot.
They allegedly made a proposition – they knew the magistrate hearing his extradition application who "could assist in making the matter disappear" in exchange for R1.5-million.
Mthabela allegedly discussed the proposal with a friend, Desai Lupondo, a Sandton property developer who is also an accused in the Krejcir trial. The charge sheet says that in November 2012, Kgomo, Mthabela and Lupondo met and agreed on a payment of R500000 for the other magistrate, raised by the sale of Mthabela's two cars.
The accused allegedly pocketed a R10000 cut for his role as mediator from the R90000 deposit they had paid.
Mthabela understood his case would be postponed until the balance of R410000 was paid.
Despite this, in November last year, the magistrate granted Mthabela's extradition.
After two weeks behind bars, Mthabela was released on bail pending an appeal. He confronted Kgomo, who allegedly asked for a further R150000 for the magistrate to make a revised report to court.
Mthabela reported Kgomo to the police's Crime Intelligence Unit, which arrested him during an undercover operation at the Randburg Magistrate's Court, where he was allegedly caught in possession of the R150000 bribe.
Kgomo has been suspended pending the outcome of the criminal case, which returns to court in February.
Yesterday, his lawyer, Samuel Aarons, said Kgomo was distraught about the charges.
"He will contest this case vigorously," Aarons said.
National Prosecuting Authority spokesman Nathi Mncube would not confirm whether the other magistrate, Mthabela or Lupondo would be charged in the case or would testify as state witnesses.
Magistrates' Commission secretary Danie Schoeman confirmed that the other magistrate, who could not be tracked down for comment, had resigned in April.
Schoeman said incidents of alleged bribery and corruption among magistrates were insignificant, with only one incident in the last two years.
Mthabela will remain in South Africa while he waits for a court date for the appeal against his extradition.
He will also need to wait for the conclusion of the criminal trial of Krejcir, Lupondo, Jan Lefu Mofokeng, Siboniso Miya and Hawks warrant officers Samuel Maropeng and George Nthoroane, to hear whether he will receive immunity for his testimony against them.
Mthabela admitted to playing a role in the alleged kidnapping of an East Rand businessman, whom Krejcir and his co-accused allegedly tortured. – Aarti J Narsee. Additional reporting by Nomahlubi Jordaan