NMB ANC councillor turns to ConCourt in last bid to avoid jail

ANC councillor Bongo Nombiba has now turned to the highest court in the country in a final attempt to escape a jail term, but the convicted fraudster’s presence in the Nelson Mandela Bay council on Thursday caused a stir.

Irked opposition party members will have to get used to having Nombiba around for a little longer, with a decision on his petition to the Constitutional Court only likely to be ready in mid-May.

Asked to comment on Thursday, a smiling Nombiba, who was surrounded by ANC members, refused.

He was convicted on fraud and money laundering charges by the Port Elizabeth Commercial Crimes Court in March 2018 after it was found that he had pocketed R20,000 meant for the Thulamangwane Community Project.

He was later sentenced to an effective five years in prison.

A warrant had been issued for his arrest after the Supreme Court of Appeal (SCA) shot down his petition for leave to appeal against his conviction and sentence on February 22.

Judge Azhar Cachalia and acting judge Daniel Dlodlo had found that there were no special circumstances meriting a further appeal to the SCA.

But provincial Hawks spokesperson Captain Anelisa Feni said on Thursday that the warrant had been set aside pending the Constitutional Court decision.

“Councillor Nombiba filed an application to the Constitutional Court to appeal [against] the decision of the SCA.

“The warrant for arrest has been set aside pending this application,” Feni said. Nombiba was given 30 days from the date of the SCA’s decision to file papers with the top court.

The state is then also given 30 days in which to respond.

Legal experts contacted for comment said the Constitutional Court usually came back with a decision on such matters within two weeks.

To approach the Constitutional Court, the person must show an arguable point of law or that a matter is of general public importance.

The councillor had served just three months of his fiveyear sentence when he was released on bail pending the outcome of the appeal to the SCA.

A similar application was also turned down by the Eastern Cape High Court in Makhanda.

In 2014, Nombiba facilitated a donation from the Ward 20 municipal discretionary fund for Thulamangwane.

The court found that he had instructed the group to put the request in writing, but to not say how much it was asking for.

On November 4 2014, the funds were paid into the NGO’s Standard Bank account.

Two days later, Nombiba convinced two members of the NGO’s management to withdraw R7,000 and R13,000 respectively to be handed over to him.