Nzuzo Njilo, the ex-husband of influencer and media personality Faith Nketsi, has been dismissed by the State in his attempt to have his R1.5 million fraud case withdrawn, as he claims the State has a weak case against him. 

Njilo, the son of former Pietermaritzburg mayor and businessman Themba Njilo, made a brief appearance in the Durban Commercial Crimes Court on Wednesday morning to hear about the outcome of the representations he had made.

State prosecutor Quentin Quarsingh said the representations have been declined by a senior public prosecutor (SPP) at the Durban Regional Court. 

The State is alleging that between February 2023, Njilo pretended to Khumbulani Cele that he was going to supply him with 1,000 tons of chrome. Cele then deposited R1.5 million into Njilo’s Absa business account. 

“He (Nzuzo) knew that he would not supply the product required. He would use the money for his benefit,” read the charge sheet. 

Before the representations were made, there was a pre-trial conference in the matter, and the State had said it would take three days to finalise the matter.

The defence said it would bring two witnesses, and the State said it would bring three.  

On behalf of his client, the former acting director of public prosecutions in KwaZulu-Natal, now defence counsel advocate Simphiwe Mlotshwa, told the court that they would now make the representations to the Director of Public Prosecutions in Pietermaritzburg. 

Although it was not detailed in court why Njilo wanted the charges against him dismissed, according to the representations that were urgently filed by Mlotshwa to the SPP, he stated that the investigation was unlawful. 

“The entire investigation, including but not limited to the involvement of the ‘alleged’ private investigator in this matter, was unconstitutional,” he said. 

Moreover, Mlotshwa said, should the matter proceed to trial, it would be put into dispute the admissibility of the evidence of all State witnesses for a trial-within-a-trial to be held for the determination of admissibility. 

Additionally, in the representations, Mlotshwa said the transaction alleged by the State to be fraudulent was a pure commercial transaction with remedy in private law but not in public law generally, “criminal law in particular,” he added. 

He further stated that the withdrawal of charges at this stage would save the National Prosecuting Authority (NPA) and the police from an unnecessary civil claim.

Mlotshwa asked for the matter to be postponed to September for the outcome of representations made to the DPP. 

The matter was adjourned to September for the hearing of the DPP’s decision.

nomonde.zondi@inl.co.za

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