THE former mayor of Masilonyana Municipality in the Free State, Kanutu Stephen Koalane, feels the law has failed him after the State was unable to honour his request to investigate a senior prosecutor who withdrew his case against suspects who incited public violence which saw his home burnt down.
This after Koalane requested the National Prosecuting Authority (NPA) to investigate senior public prosecutor Edwin Monyai for allegedly receiving payments from the suspects.
The suspects are the current mayor Dimakatso Modise, former council speaker Diphaphang Maselo, the late Hongizwa Naki, municipal employee Masetjhaba Tshoela, and community leader Tshepo Stephen Maredi.
According to Koalane, Monyai was allegedly given R2 million to “get rid of the case”.
He said the money was paid through service provider RTT Consulting.
Asked to comment on the allegations, Monyai did not respond.
Koalane opened the case after angry protesters allegedly set his house on fire in April 2021.
The community was demanding that the National Freedom Day Celebrations, which was initially planned to be held in Winburg, not be moved to Botshabelo.
Residents complained about poor service delivery and community leaders said the event would have provided the people of Masilonyana Municipality with an opportunity to vent their grievances over the poor service delivery and lack of water as President Cyril Ramaphosa was expected to visit.
Eleven people were arrested for public violence, while Modise, Maselo, Naki, Tshoela and Maredi faced a charge of incitement to commit public violence.
The case against the suspects was withdrawn on September 15, 2022.
However, in a letter written to the NPA, Koalane said according to intelligence information Monyai allegedly demanded payment, and was offered better payment by the suspects “to get rid of this case”.
He said Monyai allegedly demanded R2m, and then moved from his previous property around March 2022.
Koalane, who also opened a case of corruption against Modise, the municipality and RTT Consulting, said the payment was allegedly made via immediate interbank payment through RTT Consulting. The payment was R2.2m.
Koalane said RTT, which allegedly received the money without rendering any service, was used as a vehicle to transport the payment to Monyai. The case was opened at the Theunissen police station.
However, the National Prosecution Service (NPS) deputy national director Rodney de Kock referred the case to the Director of Public Prosecutions in the Free State.
Free State NPA spokesperson Mojalefa Senokoatsane said the Director of Public Prosecutions and Chief Prosecutor Cluster responsible were aware of this matter and it was under consideration.
“The outcome will be ventilated when a decision has been reached, emanating from the completion of investigations,” he said.
Asked if the case was investigated and what the outcome was, Free State police spokesperson Captain Stephan Thakeng said he forwarded questions to the Hawks in the province, saying “perhaps” they are a team investigating the case.
Masilonyana Municipality spokesperson Zongezile Ntjwabule said Modise had co-operated with the law enforcement agencies throughout the initial accusations and charges and had her day in court. Ntjwabule said the due process of law took its course and criminal charges against Modise were withdrawn.
He said the municipality noted Koalane’s “spurious allegations” against Monyai and considered them unfortunate and dismissed them as “sour grapes”.
“But safe to say that Koalane's frivolous allegations are an insult to the fibre of our constitutional democracy and the president’s renewal agenda,” said Ntjwabule.
Ntjwabule added that neither the municipality nor Modise were aware of a case being opened at the Theunissen police station.
He said Masilonyana has contractual relations with RTT Consulting, adding that the company was appointed for the Water Conservation and Water Demand Management Project during the tenure of Koalane.
However, Koalane said this was never served before the council, according to his knowledge. He said he left in 2021 when “this corruption” occurred.
Asked to provide proof of the appointment and the work done by RTT, Ntjwabule said “do you have the evidence of work not by Steve Koalane?”
“I think the burden of proof rests with Koalane rather than the municipality. Masilonyana Municipality is the respondent to these unfounded allegations.”
RTT director Thato Mokgothu did not respond.
Meanwhile, Koalane said the case should be reinstated, and Monyai should be removed so that another senior prosecutor could be assigned.
He said even the local prosecutor who prosecuted the case should be recused.
manyane.manyane@inl.co.za