‘The arrest and subsequent negative publicity shattered my soul, affected my children and family.’
– Former mayor of Nkangala district municipality, Sarah Masilela, has attributed damaging publicity about her to “negligence” by the Hawks.
“I suffered significant reputational damage, with widespread media reports labelling me as corrupt. My conscience is clear – I did not steal any money. I knew I was innocent,” she told the Highveld Chronicle.
“The arrest and subsequent negative publicity shattered my soul, affected my children and family.”
Masilela made these remarks shortly after the court declared her innocence of theft and forgery charges brought by Mpumalanga’s Hawks. She and eight others, including municipal officials and business people, were arrested on August 23, 2021, and released on R10,000 bail each the next day.
They were accused of theft, forgery, and contravening the Public Finance Management Act (PFMA), allegedly through forged documents related to work payments during the September 2019 heritage celebrations. These actions purportedly cost the municipality R215,000.
On Monday, July 1, 2024, the Middelburg Specialised Commercial Crimes Court acquitted Masilela and her co-accused of all charges. The court found the state witnesses’ evidence insufficient to secure a conviction, resulting in the accused being discharged.
At the time of her arrest, Masilela was mayor of Nkangala district municipality and voluntarily stepped aside following the ANC’s step-aside resolution to address the charges until proven otherwise.
“I believe the Hawks should have conducted more thorough investigations before making the arrests,” Masilela commented.
However, the Hawks defended their approach: “We arrest to investigate; We don’t arrest any person before finalising our investigation,” said Mpumalanga Hawks spokesperson, Lucy Sekgotodi.
The prosecuting authority also stood by its actions: ” We investigate and link the suspects to the alleged crimes and we take them to court. We don’t arrest. We only work on evidence from the police. In this case it’s evidence from the hawks,” explained Monica Nyuswa, Mpumalanga spokesperson for the National Prosecuting Authority (NPA).
Nyuswa added, “As the NPA, we maintain that there is a prima facie case against all the accused, but the court ruled in their favour.”
Masilela’s situation mirrors that of former Eskom executive Matshela Koko, accused of defrauding the power utility. In November last year, the Middelburg Specialised Commercial Crimes Court removed the case involving a R2.2 billion contract awarded to ABB firm during the construction of the Kusile Power Station from the roll. The court cited unreasonable delays in completing the investigation during a section 342A enquiry.
Koko, along with his co-accused, was arrested and charged on October 27, 2022, following investigations that began in 2017 regarding fraud, corruption, and money laundering allegations following the Zondo Commission’s state capture report.
“My name has been tarnished over something I did not do. No money was stolen. My conscience is clear, and I sleep peacefully,” Koko said in an interview.
“The NPA must cease litigating through the media. They should prosecute without bias, fear, or favour. They must not be used as a weapon.”
