E11M CTA FRAUD: JUDGE SIFISO NSIBANDE ACQUITTED

MBABANE – It took almost seven years for the court to declare Industrial Court Judge President Sifiso Nsibande a free man.

This, after the Supreme Court yesterday found him not guilty of having participated in the Central Transport Administration (CTA) E11 million fraud and corruption case.

Nsibande was yesterday acquitted and discharged in all charges.
The judges of the Supreme Court who heard and determined the matter were Chief Justice (CJ) Bheki Maphalala, Justice Benjamin Odoki, Justice Phesheya Dlamini and Justice Stanley Maphalala. Unlike in most cases, the court did not reserve its judgment but delivered it instantly. The CJ said reasons for the judgment will follow in due course.

Nsibande’s acquittal comes after he filed an appeal against a High Court judgment dismissing his application to be acquitted and discharged as per Section 174(4) of the Criminal Procedure and Evidence Act.

Section 174(4) provides that: If at the close of the case for the prosecution, the court considers that there is no evidence that the accused committed the offence charged or any other offence of which he might be convicted thereon, it may acquit and discharge him.
The Supreme Court yesterday set aside the decision of the High Court where it refused Nsibande’s application to be acquitted and discharged as per Section 174(4). 

“The application of accused number four (Sifiso Nsibande) in terms of Section 174(4) is granted and he is accordingly found not guilty and acquitted in all the charges,” ruled the Supreme Court. Nsibande was represented by Senior lawyer Ben J Simelane while the Crown was represented by South African Advocate Norman Kardes.

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