‘Accountability must follow' – charges withdrawn against Fort Hare forensic investigator
The National Prosecuting Authority (NPA) has withdrawn controversial fraud charges against a former lead forensic investigator contracted to the University of Fort Hare, where she uncovered evidence of massive wrongdoing.
In a media release on Friday, Luxolo Tyali from the NPA said there had been a decision to separate the University of Fort Hare fraud, corruption and money laundering case into five legs. They will be allocated to five Regional Court Magistrates presiding in the East London Specialised Commercial Crimes Court.
'The five legs, which involve 21 accused, who are University of Fort Hare employees, service providers, and their business entities, have now been separated after finalisation of charge sheets, and each magistrate will arrange trial dates with the respective legal representatives.
'Nine of the accused were university employees who, together with service providers and their companies, are accused of having colluded in the awarding of tender contracts at UFH in return for gratifications.
'More than R172-million was paid by UFH to the service providers, with the bulk allegedly finding its way into the pockets of the accused university employees. The conclusion of these tenders was allegedly associated with violent acts, including murder, at the university,' Tyali said.
He said the decision to withdraw charges against forensic investigator Sarah Burger came after 'lengthy engagements' between the complainant (University of Fort Hare), the Eastern Cape prosecution team and Burger's legal representatives.
Previously, Tyali said the case against Burger and her business partner and owner of Horizon Forensics, Bradley Conradie, was before the court because the NPA 'had evidence linking them to crimes'.
'If they have evidence of political motivation, they can make representations to the Director of Public Prosecutions or escalate it to the National Director of Public Prosecutions,' he said at the time of the arrest.
On Friday, Tyali said: 'The decision to separate the case into different legs with tailored prosecution strategies for each will expedite and simplify the prosecution of this complex and multifaceted case, which covers charges ranging from fraud and corruption to murder.'
On Sunday, Burger said: 'While I am relieved that justice has finally prevailed, the entire saga has been a harsh and costly lesson marked by immense personal and professional destruction. This is a trauma that cannot be undone.'
She said that 'accountability must follow for every cog that aided in this process. Formal complaints have been lodged and acknowledged'.
'If the NPA and the SAPS are truly committed to restoring public trust, they must uphold due process, act within the bounds of the law and respect the rule of law at all times. More importantly, they must respect fundamental constitutional rights, which are rights meant to be enjoyed by all,' she said. 'Without this, no citizen will be safe.'
She said she would assist the defence team of her business partner, Conradie.
Burger became involved in the investigation at Fort Hare in 2019 and was the lead investigator who put together a docket of information pointing a finger at alleged academic fraud by Eastern Cape Premier Oscar Mabuyane.
Conradie previously said he and Burger believed their arrests were linked to their handing over evidence to the Hawks relating to Mabuyane.
These allegations had previously been put to Mabuyane, but he failed to respond. In papers before court, he has described the investigation against him as malicious. He also successfully managed to have himself excluded from an initial investigation by the SIU into academic fraud.
However, in October 2024, President Cyril Ramaphosa signed an amended proclamation that widened the SIU's investigation, which could now conceivably include Mabuyane.
In what Burger and Conradie described as 'an unnecessarily dramatic show', they were arrested on 28 March by about 24 members of the National Task Force and the National Intervention Unit.
Burger spent five nights in holding cells before the State agreed to grant her bail. DM
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