Altering her version of events when faced with overwhelming evidence against her, led a Port Elizabeth magistrate to find a former DA activist guilty on charges of defamation and crimen injuria on Friday.
Delivering a scathing judgment in the Port Elizabeth Regional Court, magistrate Pumla Sibiya said the court was not impressed with Nontuthuzelo Jack, 47, who contradicted herself on several occasions during her own testimony.
“It became clear [Jack] made up her version as the case went along. It is as if she realised the mistake about the conflicting times in her affidavit with overwhelming evidence by the state,” Sibiya said.
Jack initially pleaded not guilty to the charges, claiming she was approached by Trollip to dig up dirt on then DA provincial chair Veliswa Mvenya during the run-up to the 2016 local government elections.
Jack claimed Trollip had called her at least twice on March 20 2016 before meeting her at the Motherwell police station after 9am that day from where they drove to a clinic where he offered her R5,000 to dig up dirt on Mvenya.
But during the trial, cellphone records submitted as evidence showed there was no contact between Jack and Trollip on the days leading up to, or on the day of the alleged bribe.
Trollip, his wife, Janine, as well as at least three other witnesses testified that Trollip was in Port Alfred at the time of the alleged bribe.
Evidence in the form of a photograph taken of Trollip in a Port Alfred church, was also submitted to court.
DA federal council chair James Selfe, who testified for the state, investigated the allegations when they were published in the Daily Dispatch.
Trollip learnt of the bribery claims only after being contacted by journalists.
He vehemently denied any involvement.
After obtaining an affidavit from Jack and concluding his own investigations, Selfe found Jack was untruthful and his recommendation was that criminal charges be opened against her.
Sibiya said Jack had indicated during her testimony that she had come to the decision to go to the newspapers because she had tried several times “to have issues resolved” by the DA which did not happen.
During the trial, defence advocate Eric Skepe called Mvenya to the stand to testify, but Sibiya found her evidence did not help Jack’s case at all.
“[Mvenya] contradicted herself. First claiming only having contact with [Jack] via e-mail; then it emerged there were several phone calls made between the two,” Sibiya said.
Claims made by Skepe that Trollip may have used any means possible to get from Port Alfred to Port Elizabeth to make the alleged bribe – even going as far as suggesting he may have used a friend’s light aircraft – were rubbished by Sibiya.
“The issue of the aircraft did not take the defence case anywhere. The only thing it did was overwhelmingly prove the accused’s version was a pack of lies,” said Sibiya.
Trollip was recalled as a witness and stated that at no stage had he ever been inside an aircraft owned by Rory Gailey.
Sibiya said she had no criticism of the evidence submitted by the state and that there were no material contradictions with it.
“State witnesses made a good impression on the court. Evidence was easy to follow. Nothing could be found to discredit their evidence,” she said.
Jack quickly made her way out of the court after she was convicted.
Trollip, accompanied by his wife, said after the case he believed the allegations had clearly been orchestrated during the election campaign.
“The truth always prevails. It is interesting to see that [former ANC councillor Lawrence] Troon and [mayor Mongameli] Bobani were at the previous court proceedings, but neither was here today.
“Myself and Janine are thrilled our reputation and names have been cleared,” Trollip said.
Jack will be sentenced on October 4.