The East London Specialised Commercial Crimes Court has rejected a bid by the defence to drop charges of fraud and corruption against Eastern Cape Department of Health spokesperson Sizwe Kupelo, accused of faking a matric certificate to secure a government job decades ago, reports News24.
Instead, the trial will continue on 15 July.
Kupelo, who is out on R30 000 bail and is pleading not guilty, faces two charges of fraud, two charges of forgery and one charge of uttering, after being arrested by the Hawks in April 2024.
His lawyer, Elias Makhanya, told the court in February that they would be bringing a discharge application in March to have him acquitted of the charges, because the provincial government did not “suffer loss” and “got the value” of having the spin doctor as its employee.
Due to his “effectiveness” in carrying out his duties, Makhanya said Kupelo was headhunted by the provincial Public Works Department in 2009, but he said the provincial Health Department successfully made a counter-offer.
In 2015, Kupelo was seconded back to the Eastern Cape Office of the Premier, but because the Health Department was “suffering” from Kupelo’s absence, he was moved back to the department after a few months of secondment.
Makhanya said: “In a fraud case, you need to prove harm or loss. The court would have to find there was harm or loss to the provincial government. Mr Kupelo has proved to be the best employee of the department (of health). …the state suffered no harm or loss as a result of his employment.”
The case was postponed for arguments and a ruling.
National Prosecuting Authority (NPA) Eastern Cape spokesperson Luxolo Tyali said the NPA welcomed the court’s ruling.
It is the state’s case that Kupelo submitted an “invalid” matric certificate to get the job as a communications officer at the Eastern Cape Office of the Premier in April 2002.
In November that year, he allegedly submitted the same certificate for the position of deputy director for communications at the provincial Health Department.
During trial proceedings last year, it was revealed that the certificate Kupelo allegedly submitted actually belonged to Cinga Dyantyi, a nurse at Mthatha General Hospital.
Kupelo’s defence has denied the claim.
See more from MedicalBrief archives:
Eastern Cape Health official back in court for alleged qualifications fraud
Eastern Cape official’s fraud trial delayed