DailyMaverick By Samane Jnr Marks, Caryn Dolley and Siyabonga Goni
Cape Town’s former DA mayco member Malusi Booi faces accusations about unlawfully awarded tenders totalling more than R1-billion. His alleged co-conspirator, suspected 28s gang boss Ralph Stanfield, now faces charges for the 2019 murder of ex-Hard Livings gangster Rashied Staggie.
Gangsterism and big money – billions of rands.
These two issues stood out in the Cape Town Magistrate’s Court on Friday, 13 September. That is because the City of Cape Town’s former Democratic Alliance human settlements mayoral committee member, Malusi Booi, appeared in the same courtroom as nine other co-accused.
So too, via video link, did alleged 28s gang boss Ralph Stanfield, his wife Nicole Johnson, and several of their co-accused.
The two groups are part of separate cases that were held in the same courtroom at different times, involving different criminal charges. But these two may be merged.
R1-billion in tenders
Booi and his nine co-accused were arrested earlier this week for alleged involvement in an unlawful tender-for-profit enterprise that the state alleges Stanfield and Johnson headed.
The couple were arrested in September last year in a separate case, which initially hinged on fraud and car theft charges, but which has grown in terms of charges and accused.
When Booi and his nine co-accused were in the dock on Friday, the court heard that the state initially said the case involved 11 tenders worth R850-million. But these figures could actually be eight tenders valued at R1,024-billion.
The state has accused Booi of accepting gratifications “from Ralph Stanfield in order to carry out or perform certain powers, duties or functions arising out of his employment as members of mayco, in order to act, by using their influence with others to obtain tenders, for the benefit of Ralph Stanfield”.
Friday’s court proceedings were a continuation of bail matters.
The state previously indicated it was not against granting Booi bail, and set the amount at R200,000.
Prosecutor Nathan Adriaanse on Friday said that the City of Cape Town helped determine the actual amounts of the eight tenders worth more than R1-billion, and awarded to companies (the names of these were not mentioned in court).
Bail issues
While the state said it had evidence against all the accused, defence lawyers said it could not prove that some of the accused were involved in this matter and that they should be given lesser amounts of bail.
“The applicant [Booi] is no longer working for the City of Cape Town.
“It is in the interest of justice that he may be released, as stated in the filed affidavit that the applicant can afford an amount of R5,00o,” advocate Luzuko Guma said.
Guma was adamant that amounts of between R100,000 and R200,000, that the state wanted his clients to pay for bail, were unreasonable. “The state is using the alleged amounts that are in this case to raise the amounts of bail,” he said.
The lawyers for two of Booi’s co-accused, his ex-girlfriend Lona Mdoda, and another ex, Nomvuyo Mnyaka, said they could afford bail of R10,000 each.
Rolex ‘not from Stanfield’
During Wednesday’s proceedings, the state had alleged that Mnyaka had received a R690,000 Rolex from Stanfield, as well as R20,000, relating to “corrupt tendering processes”.
On Friday, her lawyer Ben Matthewson countered that the Rolex was not worth R690,000, and was not a gift from Stanfield.
“The value that was mentioned was significant; we have shown proof that it was R79,000,” Matthewson said. “It was a birthday gift from the ex-husband, and the R20,000.”
The state is currently in possession of the watch and still believes it was from Stanfield.
During Friday’s proceedings, the defence of another of Booi’s co-accused, Muhammadh Amod of the company Boon Africa, said that a tender was awarded but that the City of Cape Town later revoked it. It was argued that the state’s allegations against Amod were not true.
Possible merger and witnesses
The case against Booi and his nine co-accused may be joined with the Stanfield and Johnson case.
According to the state, the matter is still an ongoing investigation that could see more charges added to the Booi case and the Stanfield case. The state confirmed that there were witnesses, but their identities would not be revealed for safety reasons.
The case was postponed to 17 September for the continuation of bail proceedings.
When hearing earlier that the case would likely be postponed, another of Booi’s co-accused, Brenda Mullins, started crying. There were attempts from the defence to have the proceedings adjourned for an hour, after which they hoped for a bail decision.
But Magistrate Alida Theart said the matter would be postponed to next week as she cannot fast-track matters.
Murder charges
Earlier in the day, during proceedings focused on Stanfield, it emerged that together with Jonathan Cloete, a co-accused in what started as a car theft case, he had been charged in connection with the assassination of ex-Hard Livings gang boss Rashied Staggie.
Staggie was shot dead on 13 December 2019 in Salt River, in the very same street a mob had murdered his brother Rashaad 23 years earlier.
The brothers both made news over the years due to criminal accusations — and in the way their lives both ended.
Rashaad was killed in August 1996 when an anti-gangsterism and drugs march in the Cape Town’s Salt River suburb turned violent, with individuals targeting him — he was shot and set alight.
During Friday’s proceedings, it was heard that the Staggie charges would be added to the other charges Stanfield faced along with Johnson and the other co-accused.
Earlier in the day, Stanfield appeared relaxed and calm on the monitor shown in court. He flashed a smile as he waited for the proceedings to begin.
Stanfield and co are expected back in court on 16 October via Audio Visual Remand, meaning that they are not expected to be in the dock in person. DM