Axed Nelson Mandela Bay supply chain official Sox Nkanjeni has successfully appealed against his fraud conviction at the Grahamstown High Court.
In 2017, Nkanjeni was found guilty of conspiring with businessman Mnyamezeli Dyala to ensure his company, Trade Lane Brokerage CC, was awarded a contract advertised by the municipality in March 2010.
The tender, worth R200,000, was for the supply and erection of fencing material. Nkanjeni was fined R100,000 or three years’ imprisonment.
But that decision was overturned last week, with judge Belinda Hartle ruling that the state failed to prove its case beyond reasonable doubt that Nkanjeni had lied, or that he falsified the pricing schedule.
Hartle said the facts presented in court supported the possibility of an innocent conclusion rather than that Nkanjeni had manipulated the tender process to deliberately favour Dyala’s application.
Nkanjeni said he had been unfairly dismissed based on unfounded allegations and for exercising his duties.
“Because I have full confidence in the institutions of democracy, including courts of law, after consultation with my legal team and my wife, I decided to appeal [against] the court’s decision.
“My appeal was upheld and the conviction and sentence set aside,” Nkanjeni said.
In 2016, Nkanjeni was fired from the municipality on four counts of misconduct and the South African Local Government Bargaining Council found that while his dismissal was procedurally fair, it was substantively unfair.
The municipality was ordered to reinstate him and pay him almost R500,000 in backpay in November 2017.
The city said previously that it would appeal against the decision in the Port Elizabeth Labour Court.
Nkanjeni said he was still out of the office and not earning a salary. He said he would take legal action against those who had tainted his name.