Confusion reigned at the Gqeberha high court on Thursday when acting judge Mzamo Nobathana appeared unaware that he was scheduled to sentence 37-year-old former Eastern Cape traffic official Rory Petrus, convicted of fraud and corruption.
Nobathana, also a senior counsel, seemed surprised when state prosecutor Vuyani Vaveli informed him that the matter was due for sentencing.
Vaveli reminded the court that the case, postponed from Monday, was now set for sentencing.
Nobathana said he had expected further deliberations before passing sentence, but Vaveli confirmed that all necessary arguments had already been presented.
The judge then requested an adjournment and called Vaveli and Petrus’s lawyer, advocate Xolile Bodlo, to his chambers.
Petrus, who operated from Nqweba (formerly Kirkwood), was convicted of fraud, corruption, forgery, furnishing false information, and the unlawful issuance of learner and driving licences to members of the public.
Court testimony revealed that he sold “packages” allowing people to obtain licences the same day for R5,000 — without tests or paperwork.
His crimes went unchecked for years while his late father, Andrew, managed the traffic department, until a police undercover operation caught Petrus on camera accepting the bribes.
In April, Petrus was ordered to repay R2,000 to the state’s criminal assets recovery account, representing funds meant for the Nqweba branch of the Sundays River Valley traffic department that had been diverted to his own pocket.
The Asset Forfeiture Unit, represented by advocate Warren Myburgh, had brought the confiscation application that led to this repayment order. Petrus’s bail was extended.
National Prosecuting Authority regional spokesperson Luxolo Tyali confirmed that the matter had been set down for Thursday for sentencing.
He said Nobathana had mistakenly thought further arguments were still required, but the state confirmed all submissions were complete.
Nobathana subsequently said he was not ready to proceed.
Tyali said Nobathana had confused two matters that he was dealing with.
Bodlo confirmed Tyali’s statement.
The Herald
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