Victor Manyati, who survived a bid to have him removed as a councillor for the DA on Tuesday, was back in court on Wednesday – this time to hear when his fraud case will go to trial.
Appearing briefly in the Port Elizabeth Commercial Crimes Court, Manyati, his son Mandisa Sibham, Dr Lucky Swartbooi and Phumelela Radu had their case postponed to June 18 for trial.
A fifth suspect, Sakhumzi Bhazi, has not been found or arrested, state prosecutor advocate Wilhelm de Villiers told the court on Wednesday.
It is alleged that during January 2014 Manyati, a former undertaker at Zincedeni Funeral Services, and his co-accused, acting in common purpose, submitted to Metropolitan Life a false death claim for Phindiwe Mzwelitye in an attempt to extort R30,000 from a funeral policy taken out by Bhazi.
According to court documents, Bhazi took out a Future Builder Family Funeral Plan in June 2013, underwritten by Metropolitan.
The policy covered three individuals Bhazi claimed were his aunt, uncle and cousin.
A false abridged death certificate accompanied the claim application stating that Mzwelitye had died on January 20 2014 – two years after his actual death.
In November, Manyati changed his legal representative, hiring prominent defence attorney Danie Gouws and effectively replacing his previous counsel, Zolile Ngqeza.
Gouws confirmed to the court he had received instructions from Manyati.
“We are ready to go to trial,” Gouws said.
De Villiers, on behalf of the state, confirmed that the trial date of June 18 had been decided between the different parties.
The DA took the municipality to court, along with Manyati – the DA politician instrumental in the removal of Athol Trollip as Nelson Mandela Bay mayor – Trevor Louw and Neville Higgins to force the councillors’ removal from the party.
On Tuesday, Port Elizabeth High Court judge Elna Revelas ruled in favour of Manyati but confirmed that the removal of Louw and Higgins from the party was above-board.