By Lehlohonolo Lehana.
South African Football Association (Safa) president Danny Jordaan was back in court on Thursday morning after first appearing three weeks ago.
Jordaan is accused of misusing R1.3 million of SAFA funds for personal gain.
Jordaan, Safa Chief Financial Officer Gronie Hluyo, and businessman Trevor Neethling appeared at the Specialised Commercial Crimes Court in Palm Ridge last month.
The trio were charged with fraud after allegedly spending R1.3 million of the association’s funds for Jordaan’s personal benefit. They were all released on R20 000 bail each.
Last month, several political parties including the Democratic Alliance (DA) and the Economic Freedom Fighters (EFF) called for Jordaan to be removed as head of the football body.
During court proceedings, Jordaan appeared nonchalant with the Magistrate instructing the Safa president to stop chewing gum in court.
“Mr Jordaan, can you please remove the chewing gum that you are chewing in court, “the Magistrate requested.
The magistrate postponed the matter to allow Jordaan and Hluyo to make a formal application to have it struck off the record.
“Gentlemen, your matter is postponed until the 10th of December back to court number 9 at 8:30 am. It is for the application to have the matter to be struck off the court role. Accused number 1 to 3, your bail has been extended with the same conditions.”
The matter has been postponed to the 10th of December.
However, the legal representative of Jordaan and Hluyo, Norman Arendse, outlined that they intended to argue that because of another ongoing legal battle between Safa and the State, there may be a delay in the outcome of this particular case.
Safa and Jordaan approached the courts to review the merits of the Hawks’ raid at Safa House in March, an action which they said was “unlawful and malicious”. The matter is currently being aired at the Gauteng Division of the High Court.
The Hawks’ operation in March was the result of criminal charges being laid by Willie Mooka, a former Safa national executive committee member, in 2020. His actions led to his departure from South African soccer’s mother body.
Arendse said in court that he was acting on the instructions of Victor Nkwashu, Jordaan’s main legal representative.
He said that when they were next in court, Jordaan and Hluyo intended to have the matter struck off the roll, citing fears that the potentially lengthy proceedings of this matter may cause reputational damage to his clients, even if they were ultimately found to be innocent.
However, the State struck back, saying Arendse’s representation of Jordaan was a conflict of interest, with Arendse saying in court that he had been caught off guard by this claim, and that it was designed to embarrass him.
National Prosecuting Authority (NPA) spokesperson Phindi Mjonondwane said the court will be hearing two separate applications when the matter resumes next week.
“The court will be hearing two separate applications. One by the state where we are alleging that the lawyer representing Jordaan is conflicted and we may be bringing such evidence before court and then the court can then take a decision.”
Mjonondwane said if the court finds that Arendse is conflicted, then Jordaan will have to find another legal representative.
“The second application is brought by the accused persons, they are citing unreasonable delays and bringing an application of Section 342A of the Criminal Procedure Act.”
Section 342A of the Criminal Procedure Act allows a court to investigate and address unreasonable delays in criminal proceedings.