METRO FM presenter Lerato Kganyago’s hubby Thami Ndlala appears to have entangled himself in a fraudulent court order scandal dating back to November 2012.
Sunday Sun has seen a police affidavit made under oath by a magistrate at the Meyerton Magistrate’s Court, south of Joburg, implicating the 31-year-old businessman in dubious default judgments supposedly bearing his signature.
A sworn statement, seen by Sunday Sun, shows Jacob Carel Pieter Gelderblom told investigators that none of the default judgments purported to have his signature were valid.
This after the matters were heard in November 2013, when Ndlala allegedly introduced himself to the court as an attorney.
The scandal saw the Law Society of the Northern Transvaal write a letter stating Ndlala was not an admitted attorney on their roll in May 2015.
“I’m a magistrate stationed at Meyerton. I’m the presiding magistrate in the Civil Court Meyerton. On 3 July 2014 warrant officer (name withheld) from the Pretoria Organised Crime submitted five court orders to me purported to be orders granted by the Magistrate’s Court Meyerton on 14 November 2012 in Civil Case numbers 3154/2011, 3155/2011, 3156/2011, 3157/2011, 3355/2011 setting aside the default judgments,” his statement read.
He told police investigators that after examining the case number, he found that no court orders rescinding the default judgments that were granted by the court on 14 November 2012.
Read his statement: “None of the above-mentioned applications for rescission of the default judgments served before court on the 14 November 2012. No court orders rescinding the default judgements were granted by the court on 14 November 2012. The signatures appearing on the ‘court orders’ – Annexures ‘A’ to ‘E’ – purporting to be that of the presiding magistrate, are not my signatures not that of any other magistrate serving at this office.
“The stamp ‘By Order’ Magistrate’ applied beneath the signatures is and was never in use at this office. The official magistrate stamp appearing on the orders differs from the stamps in use at this office.”
Justice department spokesperson Chrispin Phiri said matters of improper conduct were reported to the judicial head.
“The Magistrate’s Commission can also summon any person to appear before it for questioning or require from any person a written explanation in respect of any matter falling within the ambit of the commission’s objects,” Chrispin said.
Gelderblom’s statement revealed that the five applications for rescission were filed by his attorneys.
“On 27 November 2013, applications for rescission of the judgements in all five cases were filed by his lawyers, Pretoria on behalf of the applicant L Visagie. The applications were heard on 29 November 2013 and Mr TL Ndlala, who introduced himself as an attorney, appeared on behalf of the applicant in all five matters, judgments were set aside on 29 November 2013.”
Sunday Sun also saw a similar sworn affidavit by a Cape Town-based Magistrate Johannes Andries de Beer, who told police during the investigations the signature in a civil court file 243/11 didn’t belong to him.
“I was approached by warrant officer (name withheld) of the SAPS Organised Crime Unit on 4 August 2014 in my office at the Goodwood Magistrate’s Court. He showed me Civil Court file case number 243/11 and asked me to verify my signature on a copy of a court order. The original of the copy he showed me is not in the file.
“There exists no reason why the original would have been removed from the court file. The signature appears to be mine but I can’t verify if I placed the same on the original or whether it was copied from another document. The date stamp next to the signature is definitely not the date stamp allocated or used by me. It looks different and much smaller. The date on the copy is also a bit the same as the date entered in the file.”
Hawks spokesperson Carol Mulamu said they’d completed the investigation and handed the docket to the NPA for a decision.
Ndlala told Sunday Sun through his lawyers W.A.D.P. attorneys: “Thami responded to the allegations of which he was only informed two days ago. Prior to that he never saw or was aware of the statements or any SAPS investigation.
“The statements referred to were obtained six years ago and no prosecution has been instituted. Thami has no access to the court files referred to therein and denies the allegations levelled against him as totally unfounded.
“He finds it extremely disturbing that (name withheld) who led the previous unsuccessful investigation against him regarding a Range Rover, is again involved. Thami laid criminal charges of corruption and extortion against the officer. The criminal trial against the officer is currently partly heard. Thami is of the opinion that the police officer has a personal vendetta against him and wishes to have Thami trialed in the Media.
“Thami is in the process of obtaining legal advice and his rights are reserved.”