By Ayabonga Kosi
The ongoing legal saga involving the alleged ring leaders of the Mthatha-based Public Assets Community Based Tenants and Owners Association (PACTOA) remained unresolved after three judges of the Makhanda high court reserved judgment on an appeal application on Monday, February 12.
According to court papers, members of PACTOA, Bongani Cikolo, Sicelo Nkqayi, 49 and Zamikhaya Songca, 39, were apprehended on 10 October 2022 by the Gqeberha-based Serious Commercial Crimes Investigation Unit of the Hawks, facing charges of fraud or alternatively theft.
The legal battle emanates from the Mthatha Magistrate’s Court’s dismissal of the trio’s initial bail application on 12 December 2022.
Undeterred, Cikolo and his co-accused appealed the magistrate’s court decision, only to face further disappointment when Magistrate J Dawood dismissed their appeal.
Unyielding, the trio sought bail on new facts in June 2023, a plea that was met with rejection on 23 June 2023, prolonging their legal ordeal.
At the heart of the matter is the accusation that PACTOA, under the leadership of these individuals, defrauded the government by unlawfully collecting rental funds from properties owned by the Eastern Cape Development Corporation (ECDC).
The state accuses PACTOA of managing properties they do not rightfully own, allegedly exploiting unsuspecting tenants and, in the process, defrauding the government.
However, PACTOA members argue that their mission aims to bring positive change to their community.
Thembelani Ngxakama, a member of the association, says: “PACTOA is known for refurbishing dilapidated houses and providing security.”
“Our efforts are to rejuvenate neglected properties,” he said, emphasizing their commitment to cleaning the properties and letting community members take charge.
Ngxakama vehemently protested the fraud allegations, saying: “The occupants pay municipal water and electricity accounts directly.”
He added: “There is no fraud or misuse of money, the money that is collected goes towards covering water and electricity rates,” Ngxakama said, claiming to have receipts to substantiate the payments.
Colonel Booysen, attached to the Serious Commercial Crimes Unit in the Directorate for Priority Crimes Investigation (DPCI) and the investigating officer in the case, testified against PACTOA.
According to Booysen, the association defrauded the government by collecting rental funds for properties owned by the ECDC. He alleged PACTOA’s influence in the Mthatha region, accusing them of forcefully evicting tenants from ECDC properties using violence and intimidation.
Booysen specifically implicated Cikolo in these activities, claiming there is evidence to support the allegations.
During the appeal process, it was revealed that Cikolo had spent six months in custody, with his case postponed until 12 July 2023, to allow the Director of Public Prosecutions to respond to his representation.
Cikolo’s representation argued for his release, citing his wife’s pregnancy, imminent labour, and the stress she endures as the sole caregiver to their children.
Reports from the child’s school underscored the adverse impact of Cikolo’s incarceration on the child’s well-being.
Despite the personal circumstances presented in Cikolo’s affidavit, concerns arose about its validity, as it was sworn and signed before a commissioner of oaths on 16 November 2021.
The court, however, weighed the gravity of the charges against the risk of flight in their decision to deny bail.
The denial of bail has escalated the legal battle between PACTOA members and the state.
The association is actively pursuing legal avenues to secure the release of its members and leadership.
