Lack of evidence led to Kabelo Gwamanda’s fraud charges being dropped

Former Johannesburg Mayor Kabelo Gwamanda and his co-accused, Mduduzi Zondo, are now free after the National Prosecuting Authority (NPA) withdrew fraud charges against them due to a lack of evidence. The charges, which had been looming over them for nearly two years, were officially dropped on Tuesday morning at the Protea Magistrates’ Court.

Fraud Case Collapses in Court

Gwamanda and Zondo were accused of running a fraudulent funeral policy scheme in Soweto between 2011 and 2012, allegedly deceiving residents and misappropriating their money. The case had been under investigation for 21 months, with the NPA aiming to build a strong case against the former mayor and his co-accused.

However, when the matter was brought before the court on Tuesday, the prosecution was expected to issue a trial-ready certificate—a crucial step before proceeding to trial. Instead, the State prosecutor announced that they had failed to secure the certificate and were provisionally withdrawing all charges due to insufficient evidence.

Lack of Evidence Leads to Withdrawal

The legal team representing Gwamanda and Zondo, led by attorney Gregory Armstrong, argued that the case was never strong enough for trial. Armstrong revealed that the investigation had been poorly handled, with crucial documents missing or incorrectly filed.

“Where did it fall apart? They never had sufficient evidence,” Armstrong said.

He further criticized the disorganized state of the prosecution’s case, stating:

“I’ve sat with the senior prosecutor on the last occasion and went through the docket, and it was in such a disorganized state that it was impossible for them to put together. There were bank statements for incorrect entities, there were missing documents. I don’t think the matter has ever been ripe for trial.”

This suggests that the NPA struggled to compile a compelling case, which ultimately forced them to abandon the prosecution for now.

Gwamanda Denies Wrongdoing, Calls Case a “Political Attack”

Following the court’s decision, Gwamanda maintained his innocence, expressing relief that the charges had been dropped. However, he also criticized the case, suggesting that it had been driven by political motives rather than solid evidence.

“The State had no choice but to withdraw the case because, as indicated previously, there is no evidence that points to any activities of fraud. It is an issue of a political attack,” he stated.

Gwamanda, who served as Johannesburg’s mayor from May 2023 to October 2023, has been a controversial political figure. His tenure was marked by allegations of financial misconduct, and the fraud case had only added to the scrutiny surrounding him. Despite this, he has consistently denied any involvement in fraudulent activities.

Charges Could Be Reinstated If New Evidence Emerges

While the withdrawal of charges means that Gwamanda and Zondo are no longer facing prosecution, the magistrate reminded them that the case was only provisionally withdrawn. This means that if new evidence comes to light, the NPA could reinstate the charges and reopen the case.

This is a common legal procedure in cases where the prosecution believes that further investigation may uncover additional evidence. However, for now, both men walk free without any criminal conviction.

What This Means for Gwamanda’s Political Future

The withdrawal of fraud charges could potentially revive Gwamanda’s political career, as legal troubles had cast a shadow over his time in office. His supporters may view this outcome as proof of his innocence, while critics might argue that the case’s collapse was due to procedural failures rather than a lack of wrongdoing.

With South Africa’s political landscape constantly shifting, it remains to be seen whether Gwamanda will return to public office or whether further investigations will bring new allegations against him.

For now, he and his legal team can celebrate the fact that the case against him has been dismissed, at least for the time being.